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Good faith principle in European and Islamic law: why doesn't it incorporated into Arab consumer protection Regimes?
... These actions have bad effects and disadvantages to the determent of the interests of the society and individuals. Prevent the monopoly, because prophet (Mohamed) recommended so, rule the fairness of market transactions, do not prejudice the rights of the seller and the buyer and punish the party who breaches these instructions without injustice or exceeding" Fayyad 11 . According to Many jurists, the role of this system comprises merchant"s obligations of dealing with consumers in a just and fair manner and commending the fulfillment of the trust and prohibition of all evils and offense mainly lying and dishonesty Kantakgee 28 . ...
... The second caliph, Umar Ibn Al Khattab objected to diluting milk with water. He did so not because the milk was not suitable for drinking, but because the buyer would not be aware of relative quantities of milk and water before making the agreement Fayyad 11 . ...
... Thus, the seller is required to disclose all relevant facts in the product to the buyer Fayyad 15 . Ibn al-AsqaWāthilah, a Muslim scholar, narrated a story where he said Fayyad 11 : I bought a camel from a seller and when leaving the place of contract, Oqba ibn Nafī followed me and said: "The camel seems fat and healthy, did you buy it for meat or travel? I said for travel (hajj). ...
The doctrine of good faith is a vital issue amongst the contractual issues of this period.It is considered a main goal of every recognized law of contract system to be promoting good faith as well as fair dealing in forming and performance of contracts. Basically, it has been a common argument in supporting the notion of good faith that it helps in addressing bad faith manner in a clear and direct conduct, allow the law to safeguard the realistic anticipations of women and men as well as encourage a philosophy of contractual collaboration that would lead to economic efficiency. This study looks into the concept of good faith from both the conventional law and Islamic law (Shariah) to find to what extent both laws comply with each other. The study is doctrinal which utilizes descriptive approach of qualitative research methodology which relies on secondary data in form of text books, journals, newspapers, related websites etc. The study found that both the conventional law and Islamic law support the principle of good faith. Shariah recognized the principle of good faith as it asks the parties in a contract to abide by the requirement in various stages of the contract, especially sale contract. Thus, the concept of good faith should have the same application in both Islamic and conventional jurisdictions. © 2018, Indian Journal of Public Health Research and Development. All rights reserved.
Both traditional and modern medicine share the same objective, which is to cure diseases and illnesses through its own way and concept. Similar to other traditional societies, the Siamese community also depends on traditional medicine to overcome health-related problems. The penetration of the modern medicinal elements into the Siamese community, however, does not diminish their knowledge and belief of the traditional medicine system completely. This is partly because traditional medicinal practices are still in much demand and the Siamese people believe that such practices are able to cure and treat diseases that could not be treated through modern medicine and treatment. This article seeks to provide insights into the use of plants in traditional medicine among the Siamese community in the state of Kedah. Discussion will focus on the types of plants used, the treatment methods employed, and the types of diseases treated through the use of traditional medicine by the studied community. Information for this research was obtained through field work, chiefly in the forms of interviews and participant observation, and archive research. In most cases, the plant-based medicine used by the Siamese community has two main functions. Firstly, to cure diseases and secondly, to defend self from being infected/affected by diseases. The research shows that the beliefs, customs, values, knowledge, experiences, and skills inherited from their ancestors have led the Siamese community to the practices of using plants in their traditional medicine until today. The Siamese community’s values, beliefs and heritage, where traditional medicine is concerned, are viewed as relevant and enduring irrespective of today’s modern lifestyle. The Siamese community medicinal practice is a national cultural heritage that continues to be of great value to the Siamese community. © 2018, Indian Journal of Public Health Research and Development. All rights reserved.
Better consumer protection regulation is mentioned as a priority in the EU Consumer Policy Strategy 2007-2013. Building upon this strategy, the Green Paper on the Review of the Consumer Acquis identifies fragmentation of legislation as the main problem in consumer protection rules. This fragmentation is caused, among other things, by inconsistent regulation between different directives. By analysing the data protection framework for location-based services (LBS), this article strengthens the argument that fragmentation leads to unclear and even inconsistent regulation and thereby diminishes consumer protection. Furthermore, the case of LBS demonstrates the need to extend the scope of the Review of the Consumer Acquis, in order to reach the Green Paper's overarching aim "to achieve a real consumer internal market striking the right balance between a high level of consumer protection and the competitiveness of enterprises".
Legal transplant is an unsatisfactory metaphor for describing the transfer of legal rules from one legal system to another. Instead, the metaphor of legal irritant better describes the impact on the legal system, and then a distinction between tight and loose coupling between law and its social context better explains the trajectory of social effects. The example of the importation of the civil law concept of good faith into British law illustrates the co-evolving trajectories of the legal system and tightly coupled social systems which instead of furthering harmonisation of laws produces new divergences as their unintended consequences.
The concept of sources of law has only for a short time in history been confined to the formally adopted legal norms of statutory, conventional or customary nature. Such a positivistic and narrow notion can be confronted to an older layer of the concept, which has gained again some prominence in the twentieth century, whereby the sources encompass also all the elements which concur to the interpretation and development of the law. In this larger area, general principles of law play an important, albeit often invisible, role as catalysts of a law-in-movement. In particular, they offer a legal basis from which new legal doctrines or norms can be derived from case to case, in order to fit new social and legal needs. The evolution thereby remains at least partly anchored in the legal sphere, through the link with the legally connoted general principles, and at the same time strikes out to the changing needs in the social and political arena. Thus, general principles of law are particularly instructive elements of this type of dynamic equilibrium to be achieved. Their different functions, and especially their role as law-creating arguments, are put into limelight in this short contribution. These functions are illustrated more concretely through the example of the powerful principle of good faith.
The duties owed by independent directors of large corporations to monitor the corporation’s affairs have never had more political salience. Given the Enron-era debacles, the recent meltdown in our nation’s financial sector, the dependence of workers on equity investments to secure their retirements, the globalization of American corporate law principles, and the complexity of managing corporations with international operations, the legal standards used to evaluate whether directors have complied with their fiduciary duties will be a subject of growing international policy interest. This article addresses an important dimension of that issue by examining the role of good faith in corporate law, and its use as the definition of the state of mind with which a director must act to comply with the fiduciary duty of loyalty. In particular, this article employs an historical, etymological, and policy-oriented analysis to address the question of whether the obligation of directors to act in good faith is a separate, free-standing fiduciary duty, or a fundamental aspect of the core duty of loyalty.We conclude, consistent with the Delaware Supreme Court’s recent decision in Stone v. Ritter, that in the American corporate law tradition, the basic definition of the duty of loyalty is the obligation to act in good faith to advance the best interests of the corporation. What this article also shows is that the duty of loyalty has traditionally been conceived of as being much broader than the duty to avoid acting for personal financial advantage. The duty of loyalty also precludes acting for unlawful purposes, and affirmatively requires directors to make a good faith effort to monitor the corporation’s affairs and compliance with law.Finally, we highlight a critical policy implication resulting from Stone v. Ritter, which is that an independent director who is accused of having failed in her monitoring duties may only be held liable if a court finds that she breached her duty of loyalty by consciously failing to make a good faith effort to comply with her duty of care. By requiring a finding of bad faith before imposing liability on an independent director, the corporate law, as explicated by Stone, protects the policy interests underlying the business judgment rule from erosion.
35 Journal of maritime law and commerce 594. 13 According to the policy of the directive (93/13), the principle of good faith is only exclusive to its objective sense. This reality is demonstrated below. See P Nebbia
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Tetely, Good faith in contract particularly in contract of arbitration and chartering (2004) 35 Journal of
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13 According to the policy of the directive (93/13), the principle of good faith is only exclusive to its objective sense.
This reality is demonstrated below. See P Nebbia, Unfair Contract Terms in EC Law (Hart publications: London
2007) 145.
The legislative consumer protection of the Use of Unfair Terms in Palestine: A Comparative legal Study With the European Directive (13/93) on Unfair Terms in Consumer Contracts
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M. Fayyad, The legislative consumer protection of the Use of Unfair Terms in Palestine: A Comparative legal
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Defining the Indefinable: Good Faith and the United Nations Convention on the Contracts for the International Sale of Goods
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The Implementation of the EC Directive on Unfair Terms in Consumer Contracts: Some Unresolved Questions 209. 22 For more details about those two concepts, see: P Nebbia and T Askham
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How Fragmentation in European Law Undermines Consumer Protection: the Case of Location- Based Services Legal Irritants: Good Faith in British Law or How Unifying Law Ends up in New Divergences
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the contract of (Mustarsal) in Islamic Fiqh
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