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حقوق::
حسن نیت و انصاف
PECL Article 1:102(1) provides that the parties may determine the contents of their contract "subject to the requirements of good faith and fair dealing, and the mandatory rules estab
laws."3 3 It is, however, a question whether the moral commandment to act in accordance with good faith and fair dealing
SALIENT FEATURES 20011 outcome of the cases. 41 The English reports are in line with those of the majority of the Continental countries. 42 On the other hand, the courts of England still claim that they do not recognize any general obligation to act in accordance with good faith and fair dealing.
The court refused to apply equity to this situation, and one of the justices, Lord Hoffmann, expressly rejected the civil law approach to good faith.43 In the view of the court the predictability of the legal outcome of a case was more important than absolute justice. 44 PECL Article 1:201 now reads as follows: "Each party must act in accordance with good faith and fair dealing."
observe good faith and fair dealing must convince the court.
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