Comparative Study of Good-sense in Contracts in Iran Law and France Law Bashmaee, Imamieh Rights

One of law organs that originated from humans first moral principles, it also plays important role in the great law organs in the world (Kaman La- Roman Germany-Islam) is good-sense. Nowadays, it leads the contracts to conveniences regarding the will, mental factors in order to personalize the private law. Good-sense is mental and psychological including (honesty, error-image) that should be done well in the process of contraction. Good-sense plays an important role in trilateral process of contracts (contraction, application and interpretation), it refers also to French law organ (article 3, amendment 1134 of French, civil law) as the case to address, but in Iran the necessity of good-sense has never in any contract, it is a fault in Irans civil law. Regarding this fact that good-sense is mandatory rules to general order, if it is not considered in Frenchs and Irans law, it will influence in the contractors, it will cause the rejection of contract.