مبدأ حسن النية و الظرف الخاص كوفيد 19 : حتمية لتكريس عدالة تعاقدية

Abstract EN

The contracting parties are obligated to implement the contract according to its content, the law of the contracting parties ; this rule is based on philosophical foundations that go back to the principle of the authority of the will ; economic and ethical foundations, so that the first basis is the desire to provide stability in transactions ; because if the debtor is allowed to break his pledge and not implement his obligations, there will be no trust between people.

as for the second basis, it is the necessity of respecting covenants.

in parallel, good faith must be observed and activate in the contract-especially under special circumstances-, which is one of the necessities that must be taken into account in order for the contractual process to take place in the best way, and to benefit both parties to the contract.