چکیده:
Legal systems do not think alike regarding the duty of pre-contractual disclosure. In civil law systems, each party must disclose information in their possession that is effective in the decision of another; however, in common law systems, the obligation of pre-contractual disclosure is not accepted except in exceptional cases. According to the view of this system, each party, even if they know that such information is important for the other party's decision to enter into a contract, may withhold it. Pre-contractual disclosure is considered desirable in Islamic law, and in Iranian law, except in specified cases, such an obligation is not recognized as a general rule.
خلاصه ماشینی:
In Egyptian law, failure to disclose information during the pre-contractual period can be considered negligence in some cases, and if it results in loss or causes error or deception, pre-contractual liability is realized (Jamal, 2002: 14).
In the former system, with an emphasis on good faith and other aforementioned principles, both parties are obliged to bring important information to each other's attention during preliminary discussions, whereas in the customary law system, with an emphasis on individual freedoms, each party is considered responsible for obtaining the necessary information for themselves.
" The legislator leaned towards drafting formal rules in contracts, and the courts also applied the theory of "defects of consent"17 to ensure a deliberate and healthy consent, and by relying on articles 1108 onwards of the Civil Code and titles such as error, fraud, and latent defects, they attempted to find a legal basis for the breach of the duty of disclosure (Ghasemi Hamed, 1996:85, 2007:119, and 2009:198).
In the law of this country, it is believed that although the failure to inform during the pre-contractual period can have consequences Nowadays, the tendency of legislators and legal writers is to ensure in contracts that all facts effective in mutual consent are stated by fulfilling the duties of both parties in observing good faith (Katouzian, 1369: Vol. 5:333).
d. ), but since the last century, the duty of disclosure in the pre-contractual period in American law has become very important; because to conclude a contract, both parties must know all or most of the information and facts related to the contract.
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