The position of go
The position of good
intention in the interpretation of contracts
Reza Najafloo 1,
Naser Garusi 2
1. Ph.D student privacy Tehran University Kharazmi
2. Scientific Member of Payam Noor University
Abstract: In
Iran law and in all civilized countries, the necessity of contracts is accepted
as an acceptable principle and in this law; the contract parties are obliged to
fulfill the commitments and cannot ignore the content. In European law, there
is another principle called good intention in the contracts and civil law of Iran
didn’t mention it explicitly. In article 1134 of civil law in France, it is
stated that (the contracts being concluded in accordance to the rules are
enforced for the parties. These contracts are not void except with the
satisfaction of the parties or the world the law permits, the contracts should
be enforced with good intention”. The legal procedure of France states that
good intention is not applied in the stage of performing the contracts and they
used good intention from the beginning of the conclusion to contract
dissolution to investigate the integrity of the satisfaction of the two parties
and knew applying this principle in contracts dissolution as required and Legal
doctrine in Iran regarding the good intention sovereignty is the source
of various votes as some of the lecturers including Dr. Mohammad Jafar Jafari
Langerudi considered good intention mental and personal and stated that good
intention is not accepted in our law but Mostafa Adl in his civil law book by
referring to good intention to an intention considering during the contract
regarded good intention as one of the underlying principles on contracts. It
should be said that Iranian law maker despite the lack of referring to the
principle in the contents of some of the legal articles emphasized on the
application of this law in Iran law system.
[Reza Najafloo, Naser Garusi. The position of
good intention in the interpretation of contracts. Life Sci J2013;10(1):2679-2981]
(ISSN:1097-8135). http://www.lifesciencesite.com. 314
Keywords: Good intention; contract; treaty; law.
