GOOD FAITH AS THE COMMON CORE OF PRE-CONTRACTUAL INFORMATION DISCLOSURE IN THE IRANIAN LAW AND THE PRINCIPLES OF EUROPEAN CONTRACT LAW

Resumo

Even with the advancements in information technology at the present times, the challenges triggered by information non-disclosure or asymmetric information at some stage in the conclusion of contracts between two parties are still the crucial issue in contractual relations, in a way that the main reason for the invalidation or termination of contracts has been failure in pre-contractual information (PCI) disclosure. To manage this problem, jurists have advocated and developed the duty of disclosure using multiple legal bases. Exploring such bases accordingly reveals that the principle of good faith is the vital basis for the PCI disclosure. In the general sense, the duty of disclosure is connected with the principle of good faith and even regarded as its subset in the world of contractual relations. Thus, it is claimed that meeting the information required in contractual relations is one of the fundamental aspects of observing the principle of good faith. From this perspective, this study was an attempt to reflect on good faith as the main ground of the PCI disclosure, analyze it, and consider its adequacy in the Iranian law and the Principles of European Contract Law (PECL).