Good Faith in Contract Drafting Stage: A Study in light of French, Emirati, and Moroccan Laws
This study deals with discussing the general duty of good faith as it establishes the criteria for practicing a reasonable manner of freedom within a framework that does not override the legality of what is imposed by the social system.
There is no doubt that the position of the French legislator who codified what was settled by the French judiciary under the civil law of 1804, so that it stipulated the validity of goodwill in all four stages of the contract, starting from its negotiation, conclusion, implementation, and after its end, as it is considered a restriction on behavior that necessitates saying that good fath The intention is a normative rule of behavior that reflects the civilization of the individual, which obliges the individual to make amends for the harm caused to others by his mistake.
Although the Emirati and Moroccan legislators did not stipulate a conflict with the legislator after the 2016 amendment, which considered it a public duty, the same results reached by the French judiciary in light of the latter can be reached within the framework of the UAE and Moroccan legislation.
In the field of negligence, the illicit nature of the act is determined in the event of violating the law or what is imposed by the social order, since in the absence of an explicit provision in the law, the judiciary decided to use a model by comparing the behavior committed with an abstract standard of behavior in which the individual is subject to all the normative rules determined by good faith It isconsidered a public duty, whether legislative, customary, or ethical, and it is that which is adhered to by the ordinary person or what is known as the righteous head of the family.
As for the contractual level, the general duty in good faith allows the judiciary to assess the behavior of the two parties during the implementation of the contract, to determine whether it is consistent with the desired objectives behind its conclusion, that is, those required by good faith, as it must be implemented according to what is required to reach them.
Ed-Drari, Dr. Ahmed
"Good Faith in Contract Drafting Stage: A Study in light of French, Emirati, and Moroccan Laws,"
UAEU Law Journal: Vol. 2022:
91, Article 2.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2022/iss91/2