پژوهشهای حقوقی (May 2023)

The Effectiveness of Good Faith in Delimiting Obligations on Iranian Law with a NewApproach to French Law

  • Hamid khanmohammadi,
  • Abbas Karimi,
  • alireza mazloom rahni,
  • mohammad bahmani

DOI
https://doi.org/10.48300/jlr.2022.320846.1895
Journal volume & issue
Vol. 22, no. 53
pp. 87 – 114

Abstract

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In obligations, there are factors that can delimit it and cause it to change or void. good faith is one of the elements that can make a difference. In French law, previously, good faith was considered effective merely in the performance of the obligation, but by amending its law in 2016, it extended it to pre-commitment negotiations and the creation of an obligation. Goodwill has been used in both general and specific meanings. The effects of that in delimiting obligations are different in the general and specific sense. Goodwill works in the general sense appear in the role of mistake, and in this regard, the laws of Iran and France have similarities and differences other And in a special sense, it is crystallized as a lack of information or dishonesty in behavior in this regard, Iran's rights do not have a common path with France and in some cases, it is not even recognized.

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