. The Principle of Good Faith in Electronic Contracts

Abstract

The principle of good faith is a fundamental legal doctrine rooted in moral and religious values, which later became a binding legal rule in modern law. It requires honesty, fairness, and integrity throughout all stages of contractual dealings, serving as both a moral and legal standard that governs the parties’ behavior and prevents abuse of rights or evasion of the law.

Despite its importance, legislation has not provided a precise definition of good faith, leaving its interpretation to courts, which determine it based on the nature and circumstances of each transaction. Its relevance is particularly evident in electronic contracts, where dealings occur digitally without direct interaction, making adherence to good faith essential for maintaining trust and stability.

Good faith in electronic contracts extends from digital negotiations to execution, obligating parties to act in good faith and to avoid fraud, deception, or technical manipulation. It is assessed using two standards: the subjective standard, which reflects the parties’ intent and conduct, and the objective standard, which is based on the behavior expected of a reasonable person in similar circumstances.

This study demonstrates that good faith is a core principle governing all stages of electronic contracting and remains applicable even without explicit legal provision. Its application enhances contractual justice, balances interests, and ensures legal security in digital transactions. The researcher employed descriptive, analytical, and comparative methods, referencing the Majallah al-Ahkam al-Adliyyah and the draft Palestinian Civil Code.

The study concludes that good faith forms a cornerstone of electronic contracting and its violation entails legal liability. As part of public policy, it safeguards electronic transactions from fraud and promotes justice and stability amid technological development.