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

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
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

OBJECTIVE AND SUBJECTIVE IN THE UNDERSTANDING OF GOOD FAITH: DOCTRINAL DISCUSSIONS

Dmitry Bykov
1 links
Economics Sociology Law
American Constitutional Law and Politics
article

OBJECTIVE AND SUBJECTIVE IN THE UNDERSTANDING OF GOOD FAITH: DOCTRINAL DISCUSSIONS

Dmitry Bykov
article en

Abstract

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

Economics Sociology LawVol. 04(02)
Openalex Percentile: Top 81%
American Constitutional Law and Politics
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.