أثر حسن النية في الالتزام ضمان الاتفاقي المشدد : دراسة مقارنة

Abstract EN

The issue of good faith in the scope of the obligation of strict treaty security has been a difference in the position of comparative civil legislation as to the extent to which the good faith of the secured creditor is a condition for the validity of this aggravated treaty guarantee and therefore its effects on the debtor's security, Legal guarantee is an advantage to the creditor with the guarantee is always in his favor.

Therefore, the judgment of the validity of the strict condition of the collateral requires the good faith of the creditor with the guarantee.

If this is bad faith, this leads to the invalidity of the condition and thus the disappearance of the contractual guarantee and the return to the legal guarantee.