مبدأ حسن النية و جزاء الإخلال به في القانون المدني الجزائري

Abstract EN

The concept of good faith is one of the most prominent ethical concepts that have made their way into civil legislation in most countries of the world, including the Algerian civil code, which includes many provisions that are based on the criterion of good faith (or bad faith).

within the scope of contractual relations, goodwill enjoys a privileged position due to its influential role in the various successive stages of the contract, whether in the negotiation stage that precedes the conclusion of the contract, or at the stage of contract conclusion, up to the stage of its implementation.

however, some civil legislation and an aspect of jurisprudence still view this moral concept with suspicion and hesitate to take it as a general legal principle.

although most of the comparative legislation adopted the principle of good faith in the framework of the contract theory, they did not agree on the importance of the status that this principle should have and the extent of its application to the contract.

this document deals with the concept of good faith and its place in Algerian civil legislation, as well as the penalty for its violation.