Bona Fides Principle in the Updated Russian Federation Civil Code and in Judicial Practice

Abstract

The author examines the current Russian civil law with a focus on a key principle of bona fides (good faith). The appearance of the principle is appreciated as a guarantee of stability and social orientation of the law. By making a brief historical overview, the author supports the normative consolidation of the principle, which is declared in the Conception of Civil Legislation. Besides, the author stresses the principle in question not only for the legal regulation of property and binding relations but also the practical rationale of the principle as a pillar of civil legislation. Food faith is defined by the author as an intention of a party to a civil transaction to prevent at a maximum the possibility of violation by conduct of legal rights and judicial interests of other parties, perform their rights strictly under the content, scope and purpose. Besides, the author takes up the comparative analysis of good faith to show that the concept covers mostly reasonableness and fairness of the actions of the parties to civil relations. At that, the author notes that non-inclusion of the principles of reasonableness and justice to the pre-requisites of civil law deems a justified classified default. The author concludes with remarking a tendency of judicial practice to broaden the application of the good faith principle. The latter seems relevant to court only if it cannot deliver a fair decision only by interpreting and applying the existing the applicable rule of law.