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Reflecting Ethics in Iranian Law: The Place of Ethics and Good Faith in Contract Implementation
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F Hoseininasab   |
| Department of Private Law, Islamic Azad University of Meybod, Yazd, Iran , fs.hoseininasab11@gmail.com |
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Abstract: (395 Views) |
Background: Ethics and law share important characteristics. Both are norm-based and specify how things should be. Moral principles are fundamental values that are accepted by the majority of the society based on knowledge of norms and beliefs. Good faith is a moral concept that invites people to do good deeds with good intentions and prevents them from bad intentions and evil actions. Morality belongs to the family of adjectives such as fairness, trust, loyalty, honesty, sincerity, etc. Today, this moral value has gained a great position in the field of laws and social rules and has led the legislators to draft laws based on good intentions. Therefore, in the present research, the researchers tried to discuss the reflection of ethics in Iranian law in the context of the place of ethics and good faith in contract implementation.
Conclusion: The effect of ethics on the legal status of individuals and especially on contracts is a debate that currently occupies the content of many legal articles and books. Ethical execution of the contract is a requirement of the agreement, and unethical behavior is incompatible with the binding principle of the contract, and on this basis, the principle of respect for contracts should always be considered and investigated in connection with the rule of ethics. Therefore, not only the obligee of the contract must have good faith and ethics in the execution of the contract, but each of the contractors must try his part to fulfill the obligations in the best way. In fact, the rule of necessity of ethics in the execution of the contract is the result of the connection between law and ethics, and according to this connection, both parties must behave ethically towards each other and demand the execution of the contract accordingly.
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| Keywords: Ethics, Good faith, Commitment, Compensation, Contract implementation |
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Full-Text [PDF 895 kb]
(171 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/12/24 | Accepted: 2024/03/2 | Published: 2025/01/29
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