الرافدین للحقوق (Dec 2011)

The impact of the objectivity of the contractual will at the negotiating stage

  • Akram Mahmood Hosain Al-Bado,
  • Mohammad Siddiq Mohammad Abdullah

DOI
https://doi.org/10.33899/alaw.2011.160622
Journal volume & issue
Vol. 016, no. 49
pp. 404 – 448

Abstract

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While acknowledging that the traditional concept of contractual freedom has changed, we go further and say that relying on this change is not the reason for good faith, but the idea is far and far greater than the principle of good will. It is in the direction of the objectivity of contractual will, The need to give contractual freedom in a way that does not contradict the principles of the concept of objectivity, which is the stability of transactions and justice, as well as non-violation of public order and ethics. In other words, the principle of good faith is an integral part of the idea of ​​objectivity, since the good will be verified by the judge and the obligations imposed on him according to the concept of natural law in his modern sense and influenced by the public interest and customs and religious and moral norms and social and economic conditions.

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