1The Islamic Azad University of Maragheh,[Iran], Research Scholar, Department of Studies in Law, University of Mysore.[India]
2Department of Studies in Law, University of Mysore. [India]
Online published on 14 February, 2012.
Good faith is regarded as a controversial topic under discussion in modern contract law. This concept in legal terminology refers to the use of honesty and best efforts in dealings with others. It plays a central role in most legal systems, yet appears to be an intractable concept. This article examines the dispute concerning the meaning of Good Faith in the CISG. Also there has been attempt to compare the position of good faith concept in civil law and common law systems. This comparison will be helpful in making an extended analysis of good faith and creating a more solid and general rule. But it should not be forgotten that recognition of a general principle may lead to some uncertainty in the contract law, so the concept of good faith should be solid enough to be certain, but should be flexible enough to be fair.
good faith, CISG, civil law, common law
