Using the Principle of Good Faith to Interpret Contracts with Particular Situation to Iraqi Law

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Massooma Ghali Flayyih Al kinani, Abdulla Khodabakhshi, Mohammad Abedi, Reza Maboudi Nishaburi


One of the most hotly debated subjects in the legal community is good faith, which is a crucial defense in European contract law. Although it is a widely acknowledged idea, there is no agreement on how important good faith is in today's civil contractual responsibilities. This essay's goal is to explore the good faith principle, elucidating its meaning and describing how it is reflected in Iraqi law.

Good faith is discussed in terms of both its subjective and objective implications. The objective meaning of good faith is seen as a way to preserve moral contractual connections and lessen potential disparities brought on by the doctrine of party autonomy. According to the subjective definition, good faith might relate to situations when a person acts with trust that what they are doing is legal or when a third party is seeking protection. This essay also aims to examine the notion of good faith from the perspective of Iraqi law. It is considered that Albania's theory is not particularly sophisticated. It should be emphasized that legal precedent varies and that whether good faith may be removed from a contract is still up for dispute.

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