The role of good faith principle during the contracting stages

Document Type : Original Article

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College of Law - University of Sharjah

Abstract

The principle of good faith in contracting is based on dealing with honesty, integrity and honor between both parties, which makes that principle complementary to the principle of justice. This research deals with the principle of good faith before concluding the contract, that includes contractual negotiations between the two parties, which imposes two basic matters on both of them. First: informing and inquiring about all aspects of the contract. Second: expressing the will to conclude the contract. The research also addresses the legal basis of good faith principle while the contractual negotiations and the forms of its breach, as well as explaining the consequences of breaching this principle while the negotiation stage, as implementing the principle of good faith in the said stage represents great importance that even requires the intervention of the legislator to maintain the contractual balance through imposing legal obligations on the both parties to overcome the imbalance that may arise during the negotiation stage as a result of the difference in the legal positions of the contracting parties.

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