Good Faith: The Principle of the Civil and Commercial Law

Abstract

Good faith is a general and fundamental principle of Civil and Commercial Law intended to provide justice and fairness in the exercise of rights and the performance of obligations of individuals including to protect innocent persons by preserving their rights in any particular Civil and Commercial circumstance. However, the application of the principle of good faith is not clearly separated between the Civil Law and the Commercial Law. It is suggested that the Civil and Commercial Code should be amended in order to make the use of the principle of good faith more just and fair in both Civil transactions and Commercial transactions.