An Exploration of the Commitment to Good Faith in Nordic Contract Law and Islamic Jurisprudence

Document Type : Original Article

Authors

1 Azad Islamic University

2 Department of Private Law, University of Esfahan

3 Shahid Beheshti University

Abstract

Traditionally, legal texts and contractual terms have been the determining factors in shaping the behavior of contracting parties in contractual relationships. However, in recent decades, legal scholars have debated the possibility of using unwritten principles and norms to modify contractual relationships. One of the most prominent examples of these principles is the commitment to good faith. This commitment is an unwritten ethical and legal principle that refers to the duty of contracting parties to act reasonably and consider each other's interests and expectations without unreasonably jeopardizing their own interests. It is originally a Roman legal concept and a general rule that is applied in various contractual areas, such as employment contracts, trusts, e-commerce contracts, and commercial cooperation contracts. This research aims to examine the concept of the commitment to good faith in the Nordic legal system (Scandinavia or Northern Europe, including Finland, Sweden, Norway, and Denmark) and the Islamic legal system using a descriptive-analytical method and relying on library resources. The commitment to good faith in Shia jurisprudence, which is the basis of Iranian law, has not been recognized as an independent principle and source of obligation. However, the general principles of custom and humanism in law, the concept of the aforementioned commitment, its results, and the obligations arising from it can be inferred from the discussions of fraud, deception, Najsh (auction bidding to raise the price), Talaqi Rokban (intercepting a traveler to buy goods at a lower price), and so on.

Keywords

References

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Journal of Studies in Islamic Law & Jurisprudence
Volume 15, Issue 33
March 2024
Pages 289-322

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