The Role and Significance of the Good Faith Principle in Russian Civil Law
- Authors: Abrosimov A.V.1
-
Affiliations:
- Financial University under the Government of the Russian Federation
- Issue: Vol 15, No 5 (2022)
- Pages: 305-310
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531746
- ID: 531746
Cite item
Abstract
Purpose of the research: The article considers the theoretical and practical significance of the good faith principle in the system of Russian civil law, establishes the role and purpose of this principle. A comparative analysis of the significance of the good faith principle in Russian and foreign civil law also conducts. Results: As a result of the research, the author comes to the conclusion that the good faith principle is an integral part of Russian civil law, and its role has increased markedly over the past twenty years, which is reflected in the increase of number of norms in the Civil Code of the Russian Federation, one way or another referring to the good faith (bad faith) of the participants in civil legal relations as a constituent that entails legal consequences. Also, based on the comparative analysis, it is concluded that the principle of good faith is characteristic of most legal systems of continental law. The value of the principle of good faith in civil law is traditionally lower in common law legal systems, and in UK law this principle does not apply; at the same time, it has recognition in some international legal acts. It is concluded that the good faith principle allows the courts to be more flexible in solving cases, to take into consideration the circumstances of a particular case and to implement, first of all, the rights of citizens, and not the norms of the law misinterpreted by someone. The essence of the good faith principle in Russian civil law is not clearly defined.
Keywords
Full Text
![Restricted Access](https://journals.eco-vector.com/lib/pkp/templates/images/icons/text_lock.png)
About the authors
Anton Vyacheslavovcih Abrosimov
Financial University under the Government of the Russian Federation
Email: ava1aav@ya.ru
postgraduate student Moscow, Russia
References
- Bogdanova E. E. The principle of good faith in contractual relations in Russian and foreign law // Actual problems of Russian law. 2014. No. 7. S. 1363-1369.
- Verdiyan G. V. Implementation of the good faith principle in modern civil law // Finance: theory and practice. 2012. №3. pp. 50-56.
- Vinokurov S. N. The modern concept of good faith in the law of obligations in France, Germany, the USA and England // Law and Politics. 2018. No. 8. P. 1 - 12.
- Gavrilov Yu. V. Significance of the good faith principle in the system of Russian civil law principles // Bulletin of the Baltic Federal University. I. Kant. Series: Humanities and social sciences. 2015. No. 9. C. 86-93.
- Mikryukov V. A. The principle of good faith is a new moral limiter of civil rights // Journal of Russian Law. 2013. No. 6 (198). C. 17-24.
- Solomin S. K. The theory of good faith in Russian civil law: formation, development, prospects // Vestnik OmGU. Series. Right. 2016. No. 2 (47). pp. 75-85.
- Fogelson Yu. B. The principle of good faith in Russian judicial practice // Bulletin of economic justice of the Russian Federation. 2017. N 9. S. 103 - 116.
- Tsakoeva M. A. The evolution of the good faith principle in the law of obligations // Izvestiya vuzov. North Caucasian region. Series: Social Sciences. 2015. No. 2 (186).
- Chukanov, S. N. The concept of the good faith principle in civil law and negative aspects of application // Young scientist. 2021. No. 27 (369). pp. 231-234.
- Shelepina E. A. The principle of good faith in civil law: features of application in court and legal consequences // Education and Law. 2019. No. 11. C. 112-116.
- Aryan S. Mirabbasi B. The Good Faith Principle and Its Consequences in Pre-Contractual Period: A Comparative Study on English and French Law // Journal of Politics and Law. Vol. 9, No. 2 (2016). P. 232-245.
- Gjin G., Zhaklina P. An Overview of Good Faith as a Principle of Contractual Interpretation with Special References to the Albanian Law // European Scientific Journal. Vol 13 No 25 (2017): ESJ September edition. P. 288-296.
- Goode, R. M. The concept of “good faith” in English law. // Roma: Centro di studi e ricerche di diritto comparator e straniero. 1992. Saggi, conferenze e seminari, 2.
- Hutchison A., Good Faith In Contract: A Uniquely South African Perspective // Journal of Commonwealth Law. 2019. № 1. Р. 227-271.
Supplementary files
![](/img/style/loading.gif)