'Buona fede' e 'al-Niyya al-Hasana' (Good Faith and Al-Niyya Al-Hasana)
L. Favali, E. Grande and M. Guadagni (eds.), New Laws for New States. Politica del Diritto in Eritrea, L’Harmattan Italia, Turin, 1998, 65-85
13 Pages Posted: 11 Jan 2013 Last revised: 11 Jan 2022
Date Written: January 10, 1998
Abstract
The essay investigates the role that ‘good faith’ plays in the Western and Arabo-Islamic legal traditions. Through examples taken from the law of obligations, contract law and property law, the paper analyzes theories and policies underlying Western and Arabo-Islamic rules. The comparative survey unveils interpretive contents and technical dimensions that inform the legal uses of the good faith, and thereby sheds light on what is common, and what is different, between the Western and Arabo-Islamic approaches to the issues debated under this heading.
Note: Downloadable document is in Italian.
Keywords: Good faith, Contract Law, Islamic Legal Tradition, Comparative Law
JEL Classification: K10, K12
Suggested Citation: Suggested Citation