نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The 2016 amendments to the French Civil Code brought about a significant change in the system of contract law and regulated the provisions related to the termination of contracts in a coherent manner in Articles 1224 to 1230. In this framework, the termination clause, as one of the most important means of contractual termination, gained a special position and strengthened the possibility of terminating the contract through the will of the parties. However, the application of the termination clause is not considered absolute and without limitations, and the principle of good faith, which is recognized in Article 1104 of the French Civil Code as one of the fundamental principles of contract law, plays an important role in limiting and guiding its implementation. Accordingly, the parties to the contract are required to observe good faith not only at the stage of concluding the contract, but also at the stage of performing the obligations and at the time of applying the termination clause. This principle can prevent the abuse of the right of termination and maintain the contractual balance through judicial supervision. In light of the 2016 reforms, courts have also emphasized the need to observe fair treatment in the application of the termination clause by interpreting the new regulations and have examined the possibility of limiting or invalidating it in cases where the implementation of this clause is done with bad faith or with the aim of harming the other party. The present study, using a descriptive-analytical method, examines the role of the principle of good faith in the application of the termination clause in French law after the 2016 reforms and shows that this principle, as an important control criterion, establishes a balance between contractual freedom and protection of the obligated party and prevents the arbitrary application of the termination clause.
کلیدواژهها English