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The scientific article examines established approaches in private law doctrine to understanding the concept of «fulfillment of contractual obligations». The essence of the fulfillment of obligations is revealed, in particular, that it is revealed through those actions that the party commits to achieve the results for which the deed was concluded. It has been proven that active fulfillment of obligations takes place in timeshare contracts, as actions are assumed by both counterparties, the consumer must pay on time, and the timeshare founder must provide access to property suitable for quality recreation during the reserved period. It was found that the fulfillment of obligations under the timeshare agreement: aims to achieve the purpose of the timeshare agreement; is a manifestation of consistent factual and legal actions of the parties to the contract, which, on the one hand, achieve the goal, and on the other hand, provide for the exercise of subjective rights. It is justified that the principle of good faith plays an important role in fulfilling the obligations under the timeshare agreement, which is the appropriate standard of actions of the parties to the agreement, a measure of honesty, openness, and respect for the interests of the counterparty. A timeshare contract will be properly executed if the parties to the contract act in good faith. It was found that good faith is closely related to the principle of obligation of the parties to fulfill their contractual obligations, which definitely limits the freedom of contract. This is also followed in judicial practice. In addition, good faith helps prevent possible abuses of contractual freedom. Fulfillment of obligations under the timeshare agreement must be proper, which is directly related to the will of the parties, as well as the quality of the provided services for accommodation for recreation of the consumer and his family members. In our opinion, the quality of services under timeshare contracts should be one of the essential conditions of the contract, the feature that characterizes its subject. It was revealed that when considering the problem of proper performance of the obligation, scientists also note the principle of real performance, which means the need for the debtor to perform those actions that correspond to the content of the obligation. [ABSTRACT FROM AUTHOR]

The article analyzes the concept of good faith on the example of its development in civil proceedings in Germany and France. The author traces the relationship between the good faith of Roman civil procedure and the good faith of continental European countries, which was developed through the reception of Roman law. he author examines a number of sources of the so-called barbarian law in the context of good faith and its negative manifestation - bad faith in procedural communication and counteraction thereto. The author defines good faith as a condition for proper procedural behavior in the sources of law of the Holy Roman Empire of the Germanic nation and traces the history of the term Treu und Glauben. The author examines the concepts of correlation between the Roman term bona fides and the German term Treu und Glauben, which has become a general principle of various branches of law, including civil procedure law. The author examines the presence of the good faith principle in the modern German Code of Civil Procedure. The author also analyzes the concept of the formation of the principle of good faith in civil proceedings in France, for which purpose the medieval rules of customary law contained in such legal sources as the Coutumes Beauvais are studied. Special attention is paid to an important source of French procedural law of modern times - the Ordinance of Louis XIV of 1667 (Louis Code), which was the basis for the Civil Procedure Code of Napoleon of 1806 and whose provisions contained measures to counteract the abuse of procedural rights, and in some cases the term good faith as a measure of exemplary procedural communication. The author also reviews the provisions of the current French Code of Civil Procedure, which entered into force on January 1, 1976, where the principle of good faith is applied both as a counteraction to unfair procedural behavior and as a standard of procedural behavior which provides for the proper performance of duties and exercise of rights. The author determines that the principle of good faith is primarily found in substantive law, both in Germany and France, from where it is integrated into procedural law. [ABSTRACT FROM AUTHOR]

This research explores the legal gaps and ambiguities surrounding the principle of good faith in pre-contractual stages, as outlined in Article 1338 paragraph (3) of the Indonesian Civil Code (KUHPerdata). While the principle of good faith is foundational in contract law, its unclear application during negotiations has led to legal uncertainty, potentially disadvantaging parties acting honestly and transparently. The study highlights the need for robust legal frameworks to protect parties from unfair practices and fraudulent actions during the negotiation process. Employing a normative legal research method, the analysis identifies inadequacies in existing regulations and proposes practical reforms, including clearer legal doctrines and amendments to the Civil Code. The findings underscore the importance of good faith at all stages of contractual agreements to foster transparency, fairness, and trust in business relationships, while minimizing disputes and enhancing market integrity. Recommendations for future research include comparative studies on international good faith practices, sector-specific applications, and the integration of technological tools to enforce accountability in pre-contractual negotiations. This work contributes to the development of sustainable and equitable business practices within Indonesian law. [ABSTRACT FROM AUTHOR]

A noteworthy trend within the surge in corporate climate litigation is the increasing focus on personal responsibility of corporate directors. In 2023, ClientEarth commenced a derivative claim against Shell and its directors in the English courts, arguing that those directors were in breach of their directors' duties under the Companies Act 2006. This article analyses the claimant's arguments, examines the basis upon which the court dismissed the claim and identifies the procedural challenges that are likely to be faced by future claimants in commencing similar claims. In light of the rising trend in shareholder activism, coupled with the ever-increasing regulatory requirements to strengthen corporate human rights and environmental performance, the article anticipates further attempts to bring derivative claims against directors for failing to take action to address climate change risks. It provides suggestions for the sorts of arguments that may have greater prospects of succeeding before the English courts. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Seeing the many facilities provided by E-commerce, especially related to electronic contracts, legal problems arise from the side of civil law related to the validity of the agreement and the legal relationship of the parties. This research aims to determine the validity of electronic contracts from the perspective of the application of the principle of good faith in e-commerce transactions in the context of modern economics according to Wilstheorie. Electronic contracts are the result of advances in technology and information, where buying and selling transactions are carried out online through electronic media. The provisions regarding the legal requirements and legal force of electronic contracts in the laws governing electronic transactions are still uncertain. Electronic contracts are often made in a standardized contract format, where the clauses made do not pay attention to the application of the principle of good faith and applicable laws and regulations. Wilstheorie emphasizes the importance of moral and intellectual agreements with integrity and honesty and has an important role in shaping social structures that are not only fair but also sustainable. The research method used in this scientific work is normative juridical research method. The results of this study state that Wilstheorie about standard contracts is an agreement or contract based on a shared understanding of the values and principles that underlie common life in society with integrity and honesty. This concept emphasizes the importance of moral and intellectual agreements in shaping a fair and sustainable social order.

The principle of good faith is a fundamental basis for establishing contractual relationships, including trade contracts in Indonesia. The application of this principle is important to create a conducive, fair and transparent business climate. The purpose of this study is to examine the application of the principle of good faith in trade contracts in Indonesia. This research uses qualitative research methods by collecting data using literature review techniques. then after the data is collected, it is analyzed using steps such as selecting data, presenting data and finally making conclusions. The research findings show that the implementation of the principle of good faith in trade contracts in Indonesia is regulated in Article 1338 paragraph (3) of the Civil Code, which emphasizes the importance of the principle of good faith and fair dealing in the entire contract process, starting from negotiation, contract arrangement, contract implementation, to dissolution. contract. In Indonesian law, good faith is applied not only during contract implementation but also in the pre-contract stage, namely before the contract is signed. This is important to protect the parties involved in the transaction from losses. The use of the good faith principle in commercial contracts in Indonesia has also been applied in several judicial cases, such as in life insurance contracts, where the court ensured that the good faith principle was applied to protect the rights of the parties involved. Apart from that, the principle of good faith is also applied in the choice of law for foreign direct investment contracts Indonesia. [ABSTRACT FROM AUTHOR]

The article analyses the latest international tax law developments in dispute resolution settlement protocols and the need for effective multilateral solutions to prevent international double taxation. While several treaties currently minimise the risks of international double taxation, more must be achieved to provide judicial remedies in cases where two states want to tax the same income simultaneously. The OECD has developed a dispute resolution system based on arbitration clauses to be introduced in conventions signed by the state and a brand-new MLI (multilateral instrument) that should be applicable on a broader scale. These remedies have proven unsatisfactory as the taxpayer is not entitled to play any role in these (arbitration) procedures and cannot stand personally in front of any panel. The authors argue that such a scenario is inconsistent with the rule of law and the due process clauses and should be amended. Creating a supranational court with the entitlement to adjudicate the power to tax would be the optimal solution, but this would collide with the position of several states and their distrust of the international judiciary in tax matters. [ABSTRACT FROM AUTHOR]

Copyright of Middle East Journal of Legal & Jurisprudence Studies / Mağallaẗ al-Šarq al-Awsaṭ li-l-ʿulūm al-Qānūniyyaẗ wa-al-Fiqhiyyaẗ is the property of Manar Elsharq for Studies & Research and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The long-awaited introduction of the AI Act, notwithstanding its originality, does not introduce any regulation outside the existing framework. It supplements the safeguards provided in numerous sectors of the EU legislation, inter alia, consumer protection. An examination of the basic EU law along with national legislation of the most influential legal orders, i.e. the French and German one, and model rules of the Draft Common Frame of Reference (DCFR) confirms that the new AI Act sheds light on pre-existing vague legal concepts. In this respect, this novel piece of legislation promotes a better understanding of traditional notions of law applicable to the modern digital reality without introducing totally new rules. Accordingly, certainty of law is reinforced where consumer protection had languished, not because of legislative shortage, but for facts and situations described as necessary conditions of certain rights were contested on the basis of contrary possible interpretations of decisive terms. Ultimately, the very importance of the AI act regarding consumer protection lies not in the introduction of new rights and obligations, but in a multiple practical assistance to the implementation of existing rules adjusting thus the traditional legal concepts with technological development beyond their original scope.

International Humanitarian Law (IHL) strives to protect those affected by armed conflicts and limit means and methods of warfare. However, violations of IHL persist, and people often remain inadequately protected. The article traces IHL's historical evolution from its early days to the universal ratification of the Geneva Conventions, emphasizing that the framework itself is not flawed. Instead, the lack of political will to comply with IHL in good faith is the primary cause of these violations. The article argues that compliance in good faith with IHL is essential to preserve its protective nature and demonstrate its relevance. Examples of compliance with IHL illustrate how IHL can protect persons affected by armed conflicts and its potential to contribute to peace. The conclusion underscores that the persistent relevance of IHL hinges on states' commitment to uphold and enforce its principles, asserting that genuine political will is crucial for mitigating the impact of armed conflicts and fostering sustainable peace. [ABSTRACT FROM AUTHOR]

The inevitable conflict between freedom of trade and protectionism is more pronounced in cyberspace and there is an urgent need to strike the right balance between protection of national security interests and the promotion of free trade and communication. The international community must develop a legal regime that is ideally suited to regulating cyberspace activities, learning from the regulatory measures that were developed in the last century to deal with conventional forms of trade and communication. This article examines how essential national security interests and lawful rights of other nations may be reconciled, with particular reference to art. XXI of GATT that was adopted by World Trade Organization. Through that discussion, it identifies the essential legal rules and principles that underlie the existing regulatory framework that can be adapted to regulate cyberspace activities and highlights the central importance of good faith in ensuring fairness in all transactions. It examines the origin and evolution of the requirement of good faith in the Chinese civilisation and what the Chinese classical writings identify as the content of this universal precept. It submits that the good faith must form the foundation of the norms that regulate the digital environment and that the formulation of the scope and application of the concept of good faith may be informed by Chinese legal philosophy. [ABSTRACT FROM AUTHOR]

Copyright of Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi is the property of Marmara University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The long-awaited introduction of the AI Act, notwithstanding its originality, does not introduce any regulation outside the existing framework. It supplements the safeguards provided in numerous sectors of the EU legislation, inter alia, consumer protection. An examination of the basic EU law along with national legislation of the most influential legal orders, i.e. the French and German one, and model rules of the Draft Common Frame of Reference (DCFR) confirms that the new AI Act sheds light on pre-existing vague legal concepts. In this respect, this novel piece of legislation promotes a better understanding of traditional notions of law applicable to the modern digital reality without introducing totally new rules. Accordingly, certainty of law is reinforced where consumer protection had languished, not because of legislative shortage, but for facts and situations described as necessary conditions of certain rights were contested on the basis of contrary possible interpretations of decisive terms. Ultimately, the very importance of the AI act regarding consumer protection lies not in the introduction of new rights and obligations, but in a multiple practical assistance to the implementation of existing rules adjusting thus the traditional legal concepts with technological development beyond their original scope. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The German legal system, as in most continental legal systems, is primarily based on statutes. When deciding a case, judges apply the law as written in norms and do not put their own idea of a just and equitable result in place of the solution provided by the legislature. Seen in this light, statutes are "curdled equity". This leaves little room for deciding a case under the principle of equity, understood as a means to find a resolution of the tension between the abstract-general provisions of the law and the particularities of the case at hand, i.e., the establishment of justice in individual cases. In this article, the relationship between statute and equity will be illustrated for German private law, highlighting the principle (predominance of statutes) and the exemptions (gateways to equity for legislature and courts). Further examples from German insolvency law complete the picture. [ABSTRACT FROM AUTHOR]

Copyright of Revista Didasc@lia: Didáctica y Educación is the property of Universitaria de Las Tunas, Centro de Estudios de Didactica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Traditionally, legal texts and contractual terms have been the determining factors in shaping the behavior of contracting parties in contractual relationships. However, in recent decades, legal scholars have debated the possibility of using unwritten principles and norms to modify contractual relationships. One of the most prominent examples of these principles is the commitment to good faith. This commitment is an unwritten ethical and legal principle that refers to the duty of contracting parties to act reasonably and consider each other's interests and expectations without unreasonably jeopardizing their own interests. It is originally a Roman legal concept and a general rule that is applied in various contractual areas, such as employment contracts, trusts, e-commerce contracts, and commercial cooperation contracts. This research aims to examine the concept of the commitment to good faith in the Nordic legal system (Scandinavia or Northern Europe, including Finland, Sweden, Norway, and Denmark) and the Islamic legal system using a descriptive-analytical method and relying on library resources. The commitment to good faith in Shia jurisprudence, which is the basis of Iranian law, has not been recognized as an independent principle and source of obligation. However, the general principles of custom and humanism in law, the concept of the aforementioned commitment, its results, and the obligations arising from it can be inferred from the discussions of fraud, deception, Najsh (auction bidding to raise the price), Talaqi Rokban (intercepting a traveler to buy goods at a lower price), and so on.

Standard-essential patents (SEPs) are closely linked to technical standards and have the nature of public products. The combination of patents as private property rights with technical standards as public goods magnifies the exclusivity of patent rights, may hinder the application of technical standards and gives rise to a large number of legal disputes. Two solutions have been developed to alleviate this tension: a strong protection model that emphasizes the property rights nature of patents and a sharing model that emphasizes the public goods nature of technology standards. However, both options are detrimental to the efficiency of the allocation of technological resources and have led to conflicts in judicial decisions worldwide. To reconcile such conflicts, the courts should interpret the fair, reasonable and non-discriminatory principle flexibly according to the status of the parties to re-establish an equal relationship between SEP holders and technical standard implementers, thereby promoting the parties’ voluntary conclusion of patent licensing contracts. Effective measures include strengthening the obligation to negotiate licences between SEP holders and technical standard implementers and applying the principle of good faith to avoid ‘patent blackmail’ by patent holders and ‘reverse blackmail’ by technical standard implementers. Moreover, courts should be careful when deciding whether to adjudicate global licensing matters between parties to avoid judicial deadlock. These measures will ultimately contribute to the sustainability of technological resource creation and exploitation. [ABSTRACT FROM AUTHOR]

Copyright of Revue Electronique Internationale Pour la Publication de Recherches Juridiques is the property of Revue Electronique Internationale Pour la Publication de Recherches Juridiques and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This research was carried out to determine and analyze legal protection for buyers in good faith in resolving land rights disputes. To achieve the research objectives, a document study has been carried out on the Decision of the Makassar District Court Number: 318/Pdt.G/BTH/2014, with three approaches, namely the conceptual approach, legislation and legal objectives. The research results show that in his legal considerations the judge stated that if the land sale and purchase transaction does not fulfill the "halal cause" element in accordance with the provisions of Article 1320 paragraph (4) of the Civil Code, then the buyer cannot be categorized as a buyer in good faith and therefore does not receive legal protection. The judge's consideration was seen as wrong because it did not take into account the element of the buyer's ignorance of the existence of hidden defects in the object of sale and purchase, that the object of sale and purchase was in the status of "dispute and court confiscation". [ABSTRACT FROM AUTHOR]

Modern philosophy of law defines the principles (foundations) of law as the initial conditions of law, the determinants of its content, on which law relies and which constitute its foundation. At the same time, most European countries use ancient Roman legal formulas in their modern legal systems, which evolved into maxims and became the basis of modern positive law in the form of principles. The establishment of general legal principles, concepts/ constructions is reflected in the legislation, doctrines and case law of most countries. In this article, we focused on the values and concepts formulated in the 1930s by the novelist and legal historian F. Schultz, including the principle of isolation/abstraction, the principle of simplicity and tradition, the principles of freedom and authority, the principle of humanity, the principle of loyalty/ good faith, the principle of security, and some others. These principles continue to be researched by Ukrainian and foreign scholars who supplement this list and study their impact on the legal systems of Ukraine and other countries. We emphasize that the principles were not formulated by Roman lawyers, for example, in the preamble to their own works or in a separate law or legal document. Roman law was casuistic, it mainly consisted of decisions made in individual cases. This is related to the peculiarities of legal argumentation in ancient Rome, which had a dual nature. On the one hand, they were determined by the rules of law, and on the other hand, they reflected a system of filling gaps in legal relations by applying the principles of law and the oratory techniques of lawyers of that time. Modern legal scholarship has tried to find and argue for the existence of general principles of Roman law development as a basis for making specific decisions, or because Roman lawyers sometimes used certain terms and concepts on which their decisions were based. [ABSTRACT FROM AUTHOR]

Copyright of Revista Ibero-Latinoamericana de Seguros is the property of Pontificia Universidad Javeriana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Themis: Revista de Derecho is the property of Themis Asociacion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho UNED is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Brazilian Journal of Law & International Relations / Relações Internacionais no Mundo is the property of Relacoes Internacionais no Mundo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The concept of good faith is recognized in many legal systems and entails significant implications. It has received particular attention and influence in German and English law across various fields. The liability of non-owner possessors (in both legal and material terms) represents one of the most important areas. This paper aims to examine the possibility of the impact of good faith on the liability of non-owner possessors regarding damages caused to the subject of possession, as well as the quality of this impact, through a library-based comparative analysis. In German and English law, the recognition of the concept of good faith and the emphasis on attributing damages to the conduct of the possessor to recognize their liability, alongside the influence of good faith in establishing this attribution, have allowed the good faith of the possessor to eliminate or mitigate their liability in both tortious (obligatory) and contractual contexts. However, in domestic law, the influence of jurisprudence and the scope of the concepts of usurpation and quasi-usurpation, particularly in cases of material possessions, limits the support for a possessor acting in good faith, and it seems that the solution to protecting a possessor acting in good faith lies in distinguishing between the usurper and the quasi-usurper. On the other hand, in legal possessions, the attribution of damages to the conduct of the possessor receives more importance, and to some extent, the situation is similar to German and English law.

The sanctity of the medical profession in our society is rooted in both religious teachings and rich Iranian culture. For this reason, in Islamic jurisprudence, the subject of medicine and Iatrology has been the subject of extensive technical and legal discussions as a separate chapter. On the other hand, the principle of good faith and mutual trust in the doctor-patient relationship requires both parties by respecting their agreement, do not refuse to fulfill their obligations without a valid excuse. The main question is to what extent the good faith is based on the responsibility of the doctor. It is affect? In this article, with a comparative study of the French legal system and jurisprudential sources, while examining the theories related to the relationship between the doctor's responsibility and the intention of beneficence and good faith, it was concluded that the existence of good faith is both effective and also is regarded as a factor to reduce the amount of damage which is compensable.

The litigants in civil proceedings have several rights. These rights may be abused. In Iran's Civil Procedure Law, the prohibition of the abuse of the right is not explicitly foreseen in the form of a legal article. Therefore, a fundamental question is raised that "is the principle of prohibition of abuse of rights accepted in civil proceedings or not?” Due to the silence of Iran's Civil Procedure Law, there may be doubts about the prohibition of abuse of rights in civil proceedings, but by using the library research method and citing other evidences and foundations (including legal principles, public order, ethics, proceedings’ purposes, etc.), this doubt will be resolved and it will be possible to prove the prohibition of abusing the right in civil proceedings. Although these foundations are also current in French law, the French legislator has not been satisfied with these foundations and has not remained silent regarding the prohibition of the abuse of the right, but has provided transparent and numerous legal articles to prohibit the abuse of the right.

Litigants have several rights in civil proceedings; these rights may be abused. In this regard, according to Article 40 of the Iran's Constitution and other principles (including the role of prohibiting the abuse of rights as one of the legal principles, paying attention to the purpose of civil proceedings, public order, and the role of ethics in law), the abuse of rights in civil proceedings is also prohibited. Prohibition of abuse of rights, like other legal rules, requires a sanction; according to this, it is necessary to identify the sanction of this legal principle, and the present research has been presented for this purpose. The results of this article indicate that the prohibition's sanction of the abuse of rights in civil proceedings is divided into two categories: general sanction (including "non-ordering of the effect on the abusive act" and "compensation") and special sanction (including "civil fine" and "criminal responsibility"). Each of these sanctions have specific nature, conditions and rules that are explained in this research.

This article aims to argues the urgency of good faith principle implementation in the Indonesian bankruptcy regime. The problem is focused on describing several flaws in the Indonesian bankruptcy law related to the good faith principle, several example bankruptcy abuse cases in Indonesia. Furthermore, this study also aims to propose notions to minimalize Indonesian bankruptcy regime abuse in the future. In order to approach this problem, the normative legal research method is used. The data is collected through library research and analyzed qualitatively. The study concludes that several flaws in Indonesian bankruptcy law related to the good faith principle, such as excessively modest bankruptcy petition requirements, lack of governmental supervision in the bankruptcy process, and severe punishment for the bankruptcy fraudsters. In the future, the Indonesian bankruptcy regime is expected to implement an insolvency test, improve the role of the Property and Heritage Agency, and strictly punish bankruptcy fraudsters for minimalizing bankruptcy abuse by bad faith parties.

The article analyses the latest international tax law developments in dispute resolution settlement protocols and the need for effective multilateral solutions to prevent international double taxation. While several treaties currently minimise the risks of international double taxation, more must be achieved to provide judicial remedies in cases where two states want to tax the same income simultaneously. The OECD has developed a dispute resolution system based on arbitration clauses to be introduced in conventions signed by the state and a brand-new MLI (multilateral instrument) that should be applicable on a broader scale. These remedies have proven unsatisfactory as the taxpayer is not entitled to play any role in these (arbitration) procedures and cannot stand personally in front of any panel. The authors argue that such a scenario is inconsistent with the rule of law and the due process clauses and should be amended. Creating a supranational court with the entitlement to adjudicate the power to tax would be the optimal solution, but this would collide with the position of several states and their distrust of the international judiciary in tax matters.

Mediation based on good faith is one of the characteristics of the Indonesian nation to resolve disputes that occur, starting from the smallest scope, namely the family, to the large scope, such as in government and statehood. With the birth of the Supreme Court Regulation of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Court. Focus on this article on the nature and implications of the principle of good faith in resolving default disputes due to the non-implementation of agreements through judicial mediation. So it is hoped that the mediation process can overcome the problem of case accumulation. If a dispute can be resolved through mediation, there is no need for further legal remedies such as appeals, cassation, and even judicial review, which leads to the Supreme Court, so there is a buildup of cases. In addition, the mediation process, which is a non-litigation process, is a faster settlement process and has low costs compared to the litigation process through trial. How to cite item: Shanty, Wika Yudha. “The Principle of Good Faith in Settlement of Default Disputes Through Judicial Mediation.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 223-233. DOI: 10.26905/idjch.v14i2.10863.

In his long-awaited treatise on the relational theory of contracting, David Campbell provides a rigorous, systematic and consistently lucid account of mutual recognition as the basis of all volitional obligations. Fiercely negotiated economic transactions find their social expression in legally enforceable agreements that are to be followed scrupulously to the letter both by the parties and by the courts. This is because, in his view, mutual recognition, the co-operative economic enterprise, is memorialised in the legal instrument. Using the example of the emergent doctrine of good faith, this article argues that while such literalism proffers an admirably bright line for enforcement of agreements, it reduces the import and value of the relational theory of contract as an ethical and political accounting of market transactions. Literalism here is problematic not simply because of the inherent historicity and social diversity of language, but because in concepts such as good faith or reasonable interpretation, the purpose of the inscribed transaction has to be evaluated not only in terms of the plurality of the contract's clauses, but also with a view to the overall shared intent of the exchange. For the relational theory of contract to have the impact that it merits, it needs to strengthen its account of how mutual recognition and the ethical and political dimensions of relationship best gain expression in the good-faith interpretation of the proximities manifest in agreement. [ABSTRACT FROM AUTHOR]

Copyright of Comparative Studies on Islamic & Western Law is the property of University of Qom and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This research discusses legal protection for buyers who have good intentions in land buying and selling transactions based on Supreme Court Decision Number 20 PK/Pid/2020. The research method used is normative juridical research with a case approach. The data used is secondary data originating from primary, secondary and tertiary legal materials. In discussions regarding sale and purchase deeds, sale and purchase agreement deeds, or power of attorney deeds to sell, it is important to apply the principle of good faith to create a sense of mutual trust between the seller and the buyer. Good faith in an objective sense means that the agreement must be implemented by complying with the norms of propriety and decency so as not to harm either party. [ABSTRACT FROM AUTHOR]