نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Good faith means performing duties honestly, fairly, and logically—duties which the two parties of a contract or other contract-related third parties expect from one another. Meta-jurisprudential conceptions such as sincerity, justice, and fairness, and some jurisprudential rules such as the irrevocability of contracts, prohibition of causing loss and damage, benefaction, and the principle of validity are the origins of the principle of good faith in Islamic resources. Therefore, the divine legislator presumes the principle of validity and considers Muslims’ behavior as valid, a point mentioned and emphasized in the Quran. This rule sometimes functions negatively to express instances of good faith, such as forbidding people from deceiving others. Thus, given that Imamiyyah jurisprudence is the original source of Iranian law, the legislator can, by drawing inspiration from moral and jurisprudential teachings, legislate the principle of good faith. In this article, some approaches to good faith in the sale contract and the contract of mandate are briefly studied.
کلیدواژهها [English]
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