THE IMPACT OF THE PRINCIPLE OF GOOD FAITH ON THE PERFORMANCE OF CIVIL CONTRACTS IN ALGERIAN LAW

Abstract

This article examines the principle of good faith in the performance of civil contracts in Algerian law through a doctrinal and judicial approach. It begins by highlighting the status of the contract in regulating civil transactions and the importance of good faith as a moral and legal constraint on the principle of the binding force of the contract, aiming to balance the interests of the contracting parties and ensure contractual obligations are performed with honesty, cooperation, and without abuse. The study relies on an analysis of relevant legal texts—particularly the provisions of the Algerian Civil Code—supported by the opinions of jurists and the jurisprudence of the Supreme Court, in order to establish the concept of good faith, define the scope of its application at the stage of contract performance, and outline the obligations it imposes on the parties. It also highlights the role of the judge in reinforcing this principle through interpreting the contract and adjusting its effects when necessary. The study concludes that the principle of good faith is an effective tool for achieving contractual justice and protecting the weaker party, despite the issues it raises regarding the limits of judicial intervention and the stability of transactions. This finding calls for enhancing the clarity of its standards and unifying the judicial approach toward it.