The Bona Fide Principle of Holding the Lease
From the principles of law and conduct the human thing is that one must act in an acceptable way and in good faith. This is stipulated in section 4 of the Lease Law, and this is stipulated in section 12 and section 39 of the Contracts Law.
Seeming good faith is theoretical, amorphous and objective; It should be seen as a moral and even spiritual commandment to act fairly and honestly.
Therefore, we may not be able to serve the parties when they come to comply with the provisions of the lease agreement.
And I will explain my words.
To the common man, the duty of good faith may tell him that you must behave honestly. In the examination of “and you have done what is right and good in the sight of God,” good behavior, value, and culture.
This is a commandment of values.
You must behave as you are expected to behave, or as the court expects you to behave.
And even the well-known statement of Judge Aharon Barak regarding ‘man to man is not a wolf, nor an angel; Person to person is a person does not help on a practical level.
First, because one day the court will decide the dispute as it sees fit.
The court has an extensive cushion of discretion. And section 4 of the Tenancy Act also gives the court that power.
And it is not possible to estimate in advance what the court will rule in the matter of good faith.
Second, the court will not necessarily be impressed by the behavior of the parties specifically but will ‘plant’ other people instead of the current people, and ask itself how the ‘reasonable person’ would have acted in their place. The obvious conclusion is that it is not possible to expect what the court will decide in the matter of good faith.
It is not possible to know whether the court will rule that a party acted in bad faith. It is also not possible to know what the court will rule even if it decides that a party acted not in good faith.
An analysis of the law, judgments, and Jewish law show that there is a ‘do’ and ‘do not’ recommendation in the manner of conduct.
When it comes to the ‘do not do’ recommendation, do not act rudely and unilaterally.
Do not be blunt and forceful.
These tools will give you an advantage in court over the other party.
The ‘Do’ recommendation is to behave in a relaxed and considerate manner to the other party. ‘Let him negotiate peacefully with people.’
Moreover, there is a recommendation of ‘do’ and ‘do not do’ in deeds.
Sometimes it is recommended to act and do and sometimes it is actually recommended to ‘sit and do not do’. Failure to perform an action and failure to disclose information that is expected of the individual be considered bad faith.
Sometimes you are expected to correct mistakes of the other party, sometimes you are expected in the name of good faith not to act and not to be active.