An Examination Of Good Faith In International Commercial Contracts With Emphasis On Relevant Cases

I would like to emphasize the importance of good faith as one of the key aspects in the establishment and in the performing of international commercial contracts. As the present principle illustrates, all the parties involved in a contract are obliged to act honestly, fairly and reasonably during all phases of the contract, including the period of negotiations before the contract and the period when the obligations are performed. Good faith is a common principle of contracts that has been indicated in many international treaties and legal regimes. Particularly, these include the CISG and UNIDROIT Principles of International Contracts. I have used the case study method to investigate work in the area of good faith in the context of international commercial contracts and operations of various legal systems and relevant court decisions in this principle. The results suggest that if all parties observe good faith, there will not be many problems that might cause friction between them and lead to an environment of trust and hence an increase in the peace and order of international commercial interactions between them.

کلیدواژه ها:

Good faith ، International commercial contracts ، CISG ، UNIDROIT Principles ، Comparative analysis