مفهوم و معناي حسن نيت در حقوق ايران و فرانسه

The Notion and Conception of Good Faith in Iranian and French Law

The principle of good faith is one of the most recognized principles of law of contract within the international law. Therefore, the principle of good faith has strongly influenced the national laws as well. Nowadays, good faith as a legal term covers two meanings, which are independent from each other.The first meaning is, the "mistaken imagination" (or the "honesty of purpose"). It is the subjective perspective or imagination of a person about the appearance of something. It applies on legal questions related to property, marriage and securities. Secondly, the principle of good faith has the meaning of fidelity. For example, Art. 1134 Clause 3 of the French Civil Code stipulates the performance of contracts by applying the principle of good faith.