OBJECTIVE AND SUBJECTIVE IN THE UNDERSTANDING OF GOOD FAITH: DOCTRINAL DISCUSSIONS
The article is devoted to the analysis of doctrinal discussions about the nature of good faith (bona fides) in law, focusing on the opposition of objective and subjective approaches to its understanding. The objective approach is considered through the prism of the "reasonable person" standard, which ensures the universality and predictability of law enforcement, while the subjective approach emphasizes the internal beliefs and contextual circumstances of the participants in legal relations. Based on comparative legal analysis (Russian, German, Anglo-Saxon law), international acts (Unidroit Principles, PECL), the evolution of good faith from a rigid dichotomy to a synthesis of approaches is demonstrated. Attention is also paid to modern challenges that reinforce the need for a balance between the stability of law and individual justice. The author concludes that hybrid models combining objective standards with subjective factors are becoming a key tool for adapting law to global transformations
Authors
- Dmitry Bykov
Publication Details
- Journal
- Economics Sociology Law
- Published
- 2025-06-30
- DOI
- https://doi.org/10.22281/2542-1697-2025-04-02-122-127
- Primary Topic
- American Constitutional Law and Politics
- Type
- article
- Field-Weighted Citation Impact
- 0.00