Good Faith: Issues of Doctrinal Definition and Practical Application

The paper elucidates various approaches to understanding good faith in civil law. It argues against the identification of bad faith with civil wrongdoing or its elements. The use of subjective criteria to define good faith (or bad faith) leads to a conflation of the category with forms of culpability. Good faith, as a complex phenomenon, operates within the framework of «conduct — legal interests and the corresponding moral objectives — good faith — morality». The universal and general nature of the principle of good faith is substantiated. The existence of specific regulations concerning good faith in relation to particular types of relationships precludes the subsidiary application of general measures to protect against bad faith conduct. Transactions that are invalid due to a defect in content are not subject to the legal concept of acting to circumvent the law for unlawful purposes. Abuse of rights in the performance of obligations should be examined in relation to the creditor of the obligation and concerning third parties (society, the state) when the fulfillment of the obligation affects their rights and legitimate interests. The execution of an obligation within the framework of a commitment must conform to the principle of proper performance of obligations, which pertains to the case of specific regulations governing the implementation of the principle of good faith in civil law. Regarding other parties, the behavior of participants in civil legal relationships can be deemed bad faith on the part of both rights holders and obligated persons. An attempt is made to define the characteristics of the principle of good faith.