مدى التزام الأنظمة القانونية المقارنة بمبدأ حسن النية في مرحلة التفاوض على العقد

Abstract EN

Jurists of comparative law still disagree about the legal nature of the principle of pre-contractual good faith and its recognition in comparative legal systems.

A unified definition could not be concluded for this principle besides its role in organizing legal transactions.

The author of this paper is seeking to provide a clear definition for this principle, to clarify its role in legal transactions, to provide specific criteria to actions that may be breach it.

Finally an examination of the organization of this principle in those legal systems was conducted.

The German, Latin, Common law, UNIDROIT principles and the principles of European contract law legal systems are the target of research in this paper.

The research concluded the importance of this principle in keeping justice and a contractual balance between the contracting parties at the time of negotiating the terms of the agreement.

It also concluded that the German and Italian legal systems are the best models of the application of this principle.

French courts devolved much jurisprudence for the application of this principle.

English courts were influenced by the development of American courts in organizing this principle to finally organize this principle as it is performed in French courts.