The criteria of good faith in civil law

Abstract

The principle of good faith is of pivotal significance for civil law. There are different points of view on the essence and content of the principle of good faith in modern literature. For correct application of norms about good faith, it is necessary to understand the features of norms-principles, and also to define the criteria of good faith behavior. The article analyzes the Russian doctrine of the principle of good faith. The principle of good faith provides a behavioral standard for the parties of law relationship. Тhe author defined the criteria for good faith, based on the analysis. The principle of good faith is not subject to the principle of freedom of contract. This means that each party has the obligation to display a behavior towards the other party which cannot harm the latter. It is necessary to distinguish between objective good faith and subjective good faith. The application of the good faith principle always requires a determination of what is deemed to be a proper conduct of a party, taking into account all circumstances of the concrete case.