Considering the attitude of common law system on principle of good faith: with emphasis on its overview in the CISG / Yaser Farmani ... [et al.]

Farmani, Yaser and Zahid, Anowar and Moghadamfard, Mohammad and Shahmohamadi, Mohamad Naji (2014) Considering the attitude of common law system on principle of good faith: with emphasis on its overview in the CISG / Yaser Farmani ... [et al.]. In: “Harmonising Law and Social Norms” International Conference on Law, Policy and Social Justice (ICLAPS 2014), 10-11 September 2014.

Abstract

Good faith is raised as a significant issue in the common law system. It is visible in many statute documents in common law countries as well as many international treaties in which common law countries are signatories. However, the problem still exists. In common law this principle is not generally accepted as a governing rule in contracts, but it can be said that in special cases, like consumer law and insurance law it plays a main role. The reason for this view in common law maybe due to the traditional view point on the originality of the contract and avoiding a legal principle with high power that can make changes in the contract. However, a modern view point in common law is beginning to emerge, which highly recommends strengthening good faith in the contract.

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Item Type: Conference or Workshop Item (Paper)
Creators:
Creators
Email / ID Num.
Farmani, Yaser
yaserfarmani@siswa.ukm.edu.my
Zahid, Anowar
dr.anowar.zahid@gmail.com
Moghadamfard, Mohammad
m.moghadamfard@gmail.com
Shahmohamadi, Mohamad Naji
najishahmohamadi@yahoo.com
Subjects: K Law > K Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform Law
K Law > K Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform Law > Commercial Law
Divisions: Universiti Teknologi MARA, Kedah
Journal or Publication Title: International Conference on Law, Policy and Social Justice (ICLAPS 2014)
Event Title: “Harmonising Law and Social Norms” International Conference on Law, Policy and Social Justice (ICLAPS 2014)
Event Dates: 10-11 September 2014
Page Range: pp. 1-9
Keywords: Common law system, good faith, CISG, international trade law
Date: September 2014
URI: https://ir.uitm.edu.my/id/eprint/51182
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