1 استاد گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
2 دانشجوی دکتری حقوق خصوصی، دانشگاه آزاد اسلامی واحد تهران مرکز، تهران، ایران(نویسنده مسئول)
عنوان مقاله [English]
Good Faith that is interpreted as the principle of good faith and fair play in law works, expresses a kind of honesty and ethics in legal relations and the necessity of its compliance in the contracts is known as an important principle in achieving various aims in considering how to prepare and set the terms of contracts, establishing the equilibrium and balance in conducts of the parties to a contract, concluding and interpreting the contracts and so on; it has therefore gained a special status in the law of contracts, as well as the international agreements so that the article 1104 of France new civil code has realized this general principle of good faith. Accordingly, the purpose of this research is to study the status of good faith obligation from the perspective of its various aspects (concept, nature, territory, and warranty of performances) in Iranian and French law. Finally, by studying these cases we will find that in the Iranian legal system something as good faith is not usable as a standalone theory, and the practical criterion in this regard is the authority of the kind emergence (Reliable Emergence Theory). For the basis of good faith in Iranian law, the requirements of contracts have to be addressed, since the requirement of contract is an agreement as well as interaction. In agreement, the parties try to reach a common goal, and in interaction, they effort to achieve that common goal. So the principle of good faith must prevail throughout the lifespan of a contract.