The position of good intention in the interpretation of contracts

Gerard Mcmeel, Reza Najafloo, Naser Garusi

Research output: Chapter in Book/Report/Conference proceedingChapter


In Iran law and in all civilized countries, the necessity of contracts is accepted as an acceptable principle and in this law; the contract parties are obliged to fulfill the commitments and cannot ignore the content. In European law, there is another principle called good intention in the contracts and civil law of Iran didn't mention it explicitly. In article 1134 of civil law in France, it is stated that (the contracts being concluded in accordance to the rules are enforced for the parties. These contracts are not void except with the satisfaction of the parties or the world the law permits, the contracts should be enforced with good intention". The legal procedure of France states that good intention is not applied in the stage of performing the contracts and they used good intention from the beginning of the conclusion to contract dissolution to investigate the integrity of the satisfaction of the two parties and knew applying this principle in contracts dissolution as required and Legal doctrine in Iran regarding the good intention sovereignty is the source of various votes as some of the lecturers including Dr. Mohammad Jafar Jafari Langerudi considered good intention mental and personal and stated that good intention is not accepted in our law but Mostafa Adl in his civil law book by referring to good intention to an intention considering during the contract regarded good intention as one of the underlying principles on contracts. It should be said that Iranian law maker despite the lack of referring to the principle in the contents of some of the legal articles emphasized on the application of this law in Iran law system.
Original languageEnglish
Title of host publicationLife Science Journal|Life Sci. J.
Subtitle of host publicationInteractions with English and German Law
Place of PublicationOxford
PublisherOxford University Press
Number of pages302
Publication statusPublished - Mar 2013


  • Contract
  • Good intention
  • Law
  • Treaty


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