What is 善意原则?
要求交易各方诚信、公平地履行合同义务、不故意隐瞒重要信息的法律和道德准则。在迪拜,违反善意原则可能构成欺诈或失实陈述,受到民事和刑事法律的追究。
Description
Good faith is a fundamental legal principle requiring all parties to a contract to act honestly and fairly. In property transactions, this means sellers must disclose known defects, agents must represent properties accurately, and buyers must not misrepresent their financial capacity. Breaching good faith can void contracts and expose the offending party to damages.
The UAE Civil Transactions Law (Article 246) explicitly requires contracts to be performed in good faith. This applies to all real estate transactions in Dubai, including off-plan sales, resale purchases, and lease agreements. RERA further reinforces this through regulations requiring brokers and developers to provide accurate information about properties, payment plans, and completion timelines.
How to interpret
Good faith protects all parties in a transaction. As a buyer, you are obligated to disclose relevant information, such as your true financial capacity or known intentions to immediately resell. As a seller, you must disclose material defects and facts that would affect the buyer's decision. Breaching good faith can unwind a completed transaction and expose the offending party to compensation claims.
When reviewing property contracts, clauses that allow significant unilateral changes (such as material substitutions or layout modifications without consent) may conflict with good faith obligations. Document all representations made by sellers and agents, as verbal good-faith commitments can be enforceable in UAE courts even if not written into the SPA.
迪拜市场背景
Good faith disputes in Dubai real estate often arise around off-plan projects, delayed handover, specification changes, or misrepresented amenities. RERA's dispute resolution mechanisms and the Dubai Courts have increasingly enforced good faith obligations, with penalties including contract rescission and compensation for damages.
Frequently asked questions
The legal and ethical obligation for all parties in a transaction to deal honestly, disclose material facts, and act without intent to deceive or take unfair advantage.
Good faith is a fundamental legal principle requiring all parties to a contract to act honestly and fairly. In property transactions, this means sellers must disclose known defects, agents must represent properties accurately, and buyers must not misrepresent their financial capacity.
Good faith protects all parties in a transaction. As a buyer, you are obligated to disclose relevant information, such as your true financial capacity or known intentions to immediately resell.
Good faith disputes in Dubai real estate often arise around off-plan projects, delayed handover, specification changes, or misrepresented amenities. RERA's dispute resolution mechanisms and the Dubai Courts have increasingly enforced good faith obligations, with penalties including contract rescission and compensation for damages.
Oliva feeds Good Faith into a proprietary 6-dimension score that rates eparticularly Dubai project on Financial Value, Market Dynamics, Location, Developer Trust, Risk, Macro Context, and Liquidity. This keeps comparisons consistent across hundreds of listings.
This applies to all real estate transactions in Dubai, including off-plan sales, resale purchases, and lease agreements. RERA further reinforces this through regulations requiring brokers and developers to provide accurate information about properties, payment plans, and completion timelines.
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This content is for educational purposes only and does not constitute investment, financial, legal, or tax advice. Yields, returns, and market data referenced are historical or estimated and are not guaranteed. Capital is at risk. Seek independent professional advice before making investment decisions. Oliva is a licensed Dubai real estate advisor (DLD Broker Card: 92025, RERA BRN: 1573501). Read our Key Risks Disclosure and Disclaimer.