مبدأ حسن النية في العقود في القانون المدني اليمني و بعض القوانين الأخرى : دراسة تحليلية مقارنة

Abstract EN

The Concept of the Well-Meaning is not the goal itself, but it is an ethical mean which must be the main think in all types of treatments and agreements.

Due to, it is the another face for the Justice.

Moreover, it reduces the intensively of the contracts.

And make the dealing between the contractors more easy.

They will not focus on all the conditions mentioned in the contracts literary then.

In addition, it gives the Judge the right to look in the complaints/Lawsuits again and again, which also enables him to follow up the changes in the economic and social sides which affect his adjudicating.

The adherence on applying the concept of the Well-Meaning is a main thing in the Law's rules.

It includes that the contractor must be honest and should helped the second party in the contract under the concept of respecting the contracts and keep it until the end of the period.

The concept of Well-Meaning includes all the treatments and contracts without exceptions and all the stages of the contracts.

It is a general concept by which we keep all the rights of the individuals in the safe place.

It is also used in the Law to keep the contractual balance which is imbalanced due to the emergency situations.

It is also a good source to establish the Law rules which we need them a lot nowadays as the Theory of the emergency situations, and the theory of the Arbitrariness in using the rights, and it is a condition to apply other theories as the appeared situations, the Penal Condition and Arbitrarily Condition and another cases.

The goals of the Well-Meaning are considered an approval for its importance in the life and the life of the contemporary Law.