أثر حسن النية في نطاق الالتزام بضمان التعرض و الاستحقاق

Abstract EN

The principle of good faith is one of the basic principles that dominate the life of the contract in all its stages, from the negotiations stage to the implementation phase.

In good faith, both parties to the contract have affected the extent to which the debtor is liable to the creditor, particularly with respect to the guarantee of exposure and entitlement.

Therefore, some legislation has tended to make the creditor's good faith a condition for the return of the guarantee of exposure and entitlement, if it is not a requirement that the debtor's good faith in the guarantee has an effect on the extent of the indemnity owed to the creditor in the event of the cause of entitlement.