The Good faith Principle and its Legal Consequences in the Pre - contractual Stage; A Comparative Study in the UK and French Law

Governing the good faith principle in the pre- contractual period, would lead to important consequences. This principle requires that the parties cooperate with full sincerity and effort transparency and transfer information in the preliminary stage of negotiation for reaching to the joint goal, and also preserve the confidential information confidentiality and not doing parallel negotiations, so they meet the interest of each other. The Iranian positive law has not any specified Act in the acceptation of the said principle as a general rule. Although, it is possible to use the criteria of Article 8 of civil liability law and other provisions, to proof the binding of observance the good faith in the execution of all rights and obligations in all stages including pre -contractual stage, but this manner is not satisfying the legal community in accepting this principle as a general rule. By considering the social and economic necessities therefore the Iranian law should accept this principle clearly.