THE GOOD FAITH IN THE PERFORMANCE OF A CONTRACT UNDER ENGLISH LAW AND IRANIAN LAW

The good faith, on one hand, is a familiar word and, on the other hand, is a complicated concept that there is no specified definition for it in the legal field. This ethical institution which has been recommended permanently by the divine friends, nowadays, plays essential role in the positive law. In English law, although some authors accept the good faith in the performance of contracts as a general rule, but this view has been criticized by the others. They accept it only in exceptional cases. In Iranian law, although the basis of some rules in different codes is performance of good faith but its acceptance as a general law is questionable.