Bad faith in contract execution according to subjective standard

Khalil Daham, Jihan Haider

doi:10.37651/aujlps.2024.155309.1400

	Bad faith in contract execution according to subjective standard
Journal of Anbar University for Law and Political Sciences
Article 31, Volume 15, Issue: 1 part 1, March 2025, Pages 874-900 PDF (879.69 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.155309.1400
Author
Jihan Haider Khalil Daham^*
university of Karbala/ college of pure Education- Department of physics
Abstract
The subjective standard is generally crystallized by looking at the contractor himself, and assessing whether he is acting in bad faith in implementing his contractual obligations is based on his behavior in light of his personal behavior. If the act issued by him (i.e. the contracting person) constitutes a deviation from the usual behavior, he is considered to have committed an error and thus in bad faith. This behavioral deviation is represented by committing an intentional or serious error or causing harm to the other contractor through his fraud, collusion, or abuse of his right in bad faith. The importance of the research can be seen from both the practical and theoretical aspects as follows: Practical importance: The importance of the research appears practically from highlighting the subjectivity of the subject of the research, and the extent to which a certain situation or position is considered malicious or not, such as concealment, mere knowledge, collusion, etc., which requires standing on the truth of the subject in a detailed manner to come up with a scientific result that can be relied upon. Theoretical importance: The importance of the research comes theoretically through what we will do in terms of presenting and evaluating the opinions of jurisprudence, legal texts, and comparative judicial rulings on the subject of the research
Keywords
insight; contracting; serious medical error; collusion; fraud

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