The impact of the objectivity of the contractual will at the negotiating stage
Abstract
While acknowledging that the traditional concept of contractual freedom has changed, we go further and say that relying on this change is not the reason for good faith, but the idea is far and far greater than the principle of good will. It is in the direction of the objectivity of contractual will, The need to give contractual freedom in a way that does not contradict the principles of the concept of objectivity, which is the stability of transactions and justice, as well as non-violation of public order and ethics. In other words, the principle of good faith is an integral part of the idea of objectivity, since the good will be verified by the judge and the obligations imposed on him according to the concept of natural law in his modern sense and influenced by the public interest and customs and religious and moral norms and social and economic conditions.
References
- Fifth: Electronic Resources1. Dr. Saber Mohammed Ammar, Negotiation in Electronic Commerce Contracts, 2002, article published on the Internet at:www.mohamoon.com/montada/messgedtails.asp?p:-messageid
- Fourth: Laws1. The Iraqi Civil Code No. (40) for the year 1951 amended.2. The French Civil Code of 1804 edition 2003.3. The Egyptian Civil Law No. (131) for the year 1948 amended.
- Second: Research1. Dr. Saad Hussein Abdul Melhem, Contract Negotiation via the Internet, Research published in the Journal of the Faculty of Law, University of Nahrain, Volume (8), No. (13), 2005.2. Dr. Sabri Hamad Khater, Commitment Before Contracting Information, Research published in the Journal of Law, Special Issue, 1998.3. Dr. Sabri Hamad Khater, The Breakdown of Stochastic Negotiations, Research published in Al-Nahrain University Journal, vol. 1, Baghdad, 1997.