Good Faith in the International Commercial Law

Subject Areas : Journal of Law and Politics

کوروش Jafarpour ^{1 *}

1 - ندارد

Received: 2015-03-02 Accepted : 2015-03-02 Published : 2005-07-23

Keywords: Private International Law, Conflict of Laws, Evasion of&#x0D, &#x0D, Law, Good Faith, Choice of Law Rules, Choice or Jurisdiction, Recognition&#x0D, &#x0D, and Enforcement ,

Abstract :

The Principle of Good Faith in the law of contracts is one of themost important and fundamental principles. Nowadays this principleis located and mentioned in general rules of international commercialdocuments. It means that Good Faith should be considered andexecuted in every transaction. In this article, the author endeavors toexplaine the importance of this principle in international transactions.In the first part it is tried to explain the concept of Good Faith. Thenit is shown the place of this principle in Common Law and Civil Lawsystems. In the second part of this article, it is explained the place ofGood Faith in international Commercial documents like CISG, PECLand UNIDROIT. In this part we can see the great expansion anddevelopment in the scope of Good Faith principle in new internationalcommercial documents. All of these lead us to have an independent common law. The aim of this study is to consider the notion and elements ofevasion of law in private international law as a limitation of party autonomy.It will consider the relationship of this doctrine to other institutions such asavoidance, public policy, good faith and mandatory rules, and will discusswhether or not it can be considered as a proper device for limiting freedomof choice by the parties. Consideration will also be given to the existenceof this doctrine in private international conventions in particular the RomeConvention on the Law Applicable to Contractual Obligations, 1980.