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The Moral Concept of Good Faith in the Execution of Contracts in Iranian Law
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Manal Javad Shazar1   , Reza Nikkhah Saranghi *2 , Siamak Jafarzadeh3 |
1- Ph.D. Student of Private Law, Department of Jurisprudence and Law, Faculty of Literature and Humanities, Urmia, Iran.
2- Department of Islamic Jurisprudence and Law, Faculty of Literature and Humanities, Urmia University, Iran , r.nikkhah@urmia.ac.ir
3- Department of Jurisprudence and Islamic Law, Faculty of Literature and Humanities, Urmia, Iran. |
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Abstract: (7 Views) |
Background: The execution of the law without considering the spiritual and personal characteristics of individuals leads to unjust results. Ethics does not tolerate this process and recommends the modification of the rigidity of legal rules. Although the oughts to recognize, change or reject the being, the being also imposes itself on the oughts and changes them. This function, by preventing the unjust execution of the law, like a window of certainty, ensures the desirable and just functioning of the law. In the meantime, good faith is one of the moral rules that has imposed itself on the law, and the researchers in this study aim to examine this concept in the implementation of contracts in Iranian law.
Conclusion: Good faith is a general and flexible concept and has been used in law in various meanings. This principle modifies the rigidity of legal rules and modifies the musts in protecting persons with good faith. Good faith is synonymous with ignorance of a legal defect that a person performs an action without knowing it, and it is also used in contracts in the sense of honest speech and behavior. The first meaning modifies the rigidity of legal rules in the case of a possessor with good faith, and the second meaning in contracts provides a criterion for evaluating the behavior of the interlocutors. The statutory laws of Iran do not explicitly accept the aforementioned principle as a general rule. Although it is possible to prove by induction the necessity of observing good faith in the implementation of all rights and duties in all areas, including the pre-contractual period, from the owner of Article 8 of the Civil Liability Law and other existing regulations, but this method will not convince the legal community to accept this principle as a general rule. Therefore, taking into account social and economic necessities, Iranian law should be on the path of explicit acceptance of this principle.
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| Keywords: Ethics, Good Faith, Contract Execution |
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Full-Text [PDF 595 kb]
(7 Downloads)
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Type of Study: Review Article |
Subject:
Special
Received: 2025/08/31 | Accepted: 2025/11/1 | Published: 2026/09/1
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