Interest and Good Faith Principle in Private Law Relationships

1Lada V. Lapach and Ekaterina A. Khrapunova

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Abstract:

Currently the study of interest in civil legal relations in terms of good faith is highly relevant as well as the issue of objective interrelation between the interests balance and good faith. The article describes good faith in the context of legal interest free implementation possibility stipulated by law and considers various doctrinal and law-enforcement approaches to good faith principle implementation. The aim is to show interrelation and interdependence of legal interest and good faith, as the latter allows establishing some common boundaries for egoistic behavior of subjects involved into civil legal relationships. The key methods are formal juridical, comparative legal, and systemic ones as well as other general and specific research methods. The authors conclude that the legal framework of good faith principle is implemented in an ambivalent manner in common practice. So the bona fide is transformed depending on the circumstances akin to moral categories while the bona fide principle is a juridical one that determines the critical importance of judicial discretion when stating the good or bad faith of a dispute subject.

Keywords:

Interest, Will, Good Faith, Interests Balance, Rule of Behavior, Social Norms, Morality, Judicial Discretion.

Paper Details
Month3
Year2020
Volume24
IssueIssue 3
Pages3414-3425