Zu Ehren von Hilmar Krüger
Edited By Hans-Georg Ebert
Equitable justice in a hybrid legal setting. The principle of good faith in Middle Eastern commercial laws
1. Introduction – a comparative analysis of good faith
1.1 The increasing interest in good faith in commercial law
The principle of good faith in Middle Eastern laws has enjoyed for some time now considerable attention, in particular from international law firms operating in the Middle East. This is somewhat unusual for a general principle of law; the everyday work of these firms normally focusses on substantive areas of ‘hard law’ that are of interest to their client base, rather than on concepts of ‘legal method’ or ‘legal philosophy’, like the concept of good faith.1
Yet there are a number of reasons for this current interest in good faith. One lies in the current political events in the region. Good faith and its derivative concepts, such as the doctrines of abuse of rights or force majeure, all attract increased attention in the current unstable political situation that also has an effect on the business world. As a principle of equitable justice that allows for adjustment to contractual bargains – or even the letter of the law – with the aim of reaching the equitable solution of specific cases (Einzelfallgerechtigkeit), good faith is bound to become more important in a situation where political events can have profound and unforeseen effects on contractual arrangements. The social impetus of the good faith principle also resonates well in the current context of the protests in the Arab world, which were directed also at social injustices.2 ← 99 | 100 →
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