Document Type : Original Article
Authors
1
PhD Student, Department of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran
2
Assistant Professor of Private Law, Damghan Branch, Islamic Azad University, Damghan, Iran
3
Assistant Professor of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
10.30510/psi.2022.345347.3536
Abstract
In most legal systems and international documents, good faith is recognized as a rule to be observed in the stages of negotiation, conclusion, execution, interpretation of the contract. From the inference of legal materials, we can see the need to observe good faith. In international trade, the parties to the contract can not exclude this principle by prior agreement. And have no right to conduct that causes harm to the other party. In all regulations, adherence to the principles of good faith is the main condition. The point is to the other side, secondly: it creates softness in the negotiation process to reach an understanding. Therefore, the parties try not to make irrational and unacceptable proposals, and thirdly: when the situation is in the interest of only one party, there is no obstacle to the continuation of the negotiation. If one of the parties disrupts the rule of privilege to the other party, the accused will be accused of violating the principle of good faith. We emphasize the principle in oil and gas contracts.
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