A Comparative Study of the Principle of Good Faith in Iranian and French Law Based on the 2016 Reforms

In French law, concerning the 2016 amendments to the Code of Obligations, the most changes have been related to the principle of good faith, and in addition to its new position among the key principles governing contracts, the field of good faith has also expanded. Accordingly, Article 1104 of the French Civil Code has accepted the general rule of good faith, and compliance with this principle is necessary and essential at all stages of the contract, and even the agreement of the contracting parties to the contrary has no effect. Given such an approach, in this research, we seek to answer the question of how the principle of good faith has been objectively manifested in Iranian and French law? The purpose of this research is to examine this principle in domestic law based on the 2016 amendments to the French Code of Obligations. The research method is descriptive-analytical and written in a library format with a theoretical approach and a comparative method on the laws and regulations of the two countries, relying on documented and substantiated sources. Finally, we will find that in the Iranian legal system, the recognition of general legal principles such as good faith provides the opportunity for respected judges to use this principle in the trial of claims related to contracts and family and the like, to engage in judicial interpretation of laws and create judicial procedures, and also gives the courts more room to play a role in cases of silence, ambiguity, brevity, and contract defects, and in this way, possible contractual gaps are filled with court intervention.