revue critique de droit et sciences politiques
Volume 19, Numéro 2, Pages 333-348
2024-06-30

Good Faith In Contracts: An Evident Principle In Algerian Law

Authors : Boulmerka Amina .

Abstract

Good faith is more a self-control than a legal requirement, since moral qualities like honesty and loyalty do not need a drafted text to be recognised. At first glance, it would seem that Algerian legislator only imposed good faith at the stage of performance of the contract according to article 107/1 Algerian Civil Code. This paper will allow us to get a broader vision on the legal status of good faith in Algerian law, by surrounding a number of legal provisions whether in the Civil Code or in special legal texts, in order to grasp, as much as possible, the true legal nature of good faith in contracts under Algerian law.

Keywords

general principle ; negotiations ; formation of the contract ; performance of the contract ; loyalty ; cooperation