Effects of The Principle of Good Faith in Litigation Procedures

Abstract

There is no doubt that the effect of good faith on the stability of dealings is not denied, as the dominance of good faith negates the causes of anxiety arising from fear of fraud and deception. If we want to clarify this effect in a piece of legislation, we must look at the example of the society addressed by it, and the depth of the moral view and the extent of the penetration of the religious tendency in it, where the impression of the legislative formulation and its influence on these two factors appears clear, and this effect appears more clearly in the scope of application, as the needs of dealings at any time and place are to be done in an atmosphere of trust, stability and steadfastness, and achieving these matters depends on gathering certain characteristics, the most important of which is the soundness of the principles and ideals on which the legislative system is based, as their achievement creates sufficient guarantees for the stability and steadfastness of dealings, as deception is eliminated, fraud disappears and the pretexts for trickery that reach the achievement of illegitimate interests in crooked ways are blocked, and the causes of conflict are reduced and bad faith is eliminated. The principle of good faith is one of the important principles on which legal actions are based. It is a broad and wide-ranging principle that includes all actions and contracts. It also extends its control over the contractual relationship from beginning to end. Hence, the importance of the principle of good faith becomes apparent, especially after the spread and prevalence of fraud, deception and illegal tricks. Its importance is highlighted in what it achieves in terms of achieving a degree of justice between the parties to the contract, which confirms the guarantee of the sovereignty of the system and its proper application.

Keywords

Dominance of good faith, depth of the moral view, legislative formulation