The Scope of Protection of Good Faith Purchases in the Legal System of England, France and Germany

The ruling on trades that the seller does not own is one of the most important cases of conflict between Iranian law and the law of the British and France and Germany.In this article with regard to situation of conflict of the interest of the buyer in good faith and the owner, the main approach is to explain the role of good faith in property ownership. the basic criteria for selecting the appropriate rule will appear In the light of the comparative analysis of the constructive role of good faith in the transactions and different legal systems approach towards it. Key factor in the conflict of interests between the owner and the original person and how to identify a good basis of support from the buyer in good faith in the legal system relying on the foundations of legal systems is different. on one hand, the common feature of the rights of England, France and Germany is the promise of the transfer of ownership by some examples of goodwill transactions on the other hand, differences in the laws and doctrines in the legal environment of the countries as well as in the judicial process make the subject matter complex in the comparative debate. After analyzing the main source of Good faith-based rules in Europe, from the point of view of economic rights (in other words, analyses that are consistent with commercial necessities), the essential factors in identifying the desired principle, the rules of the transactions are dealt with and the necessity of adopting such views is explicitly stated.