scholarly journals The principle of good faith in international private law

2019 ◽  
Vol 7 (4) ◽  
pp. 41-45
Author(s):  
Evgeniy Mamay ◽  
Igor' Antropov
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Good Faith ◽  
Private Law ◽  
International Private Law ◽  
International Conventions

The article relates to the complicated issue of understanding the principle of good faith in international private law. The authors explore an understanding and the main rules of fulfilling of the principle of good faith as it is enacted in the International Conventions and unifications of international private law (UNIDROIT, PECL). The range of requirements for determination the content of good faith in the actions of participants in civil law relations is established based on the analysis of law enforcement practice of different national and international judicial instances.

scholarly journals Remarks on István Szászy (1899-1976), on the General Part of Hungarian Civil Law and the Role of the Comparative Method in Private Law

2021 ◽  
Vol 71 (1) ◽  
pp. 5-22
Author(s):  
Emőd Veress ◽  
Keyword(s):  
Comparative Method ◽  
Civil Law ◽  
Private Law ◽  
High Quality ◽  
International Private Law ◽  
Legal Thinking ◽  
General Part ◽  
Do So

István Szászy was one of the most versatile creators of Hungarian legal thinking. We remember him primarily as a scholar of international private law, but he also published many high-quality private law works before 1949. In 1949, István Szászy's career as a private lawyer was interrupted for political reasons in the context of Soviet-type dictatorship. His person has been partially ignored by history, while his work as a private lawyer has been disregarded altogether. Therefore, it is worth examining the reasons for the disregard he has been shown and determining whether the oeuvre's private law program is worth re-acknowledging, rehabilitating, and completing. In order to do so, we must discuss the general part of Hungarian civil law and the comparative method’s incidence, as the importance of this issue extends beyond Szászy’s work.

scholarly journals The principle of good faith as a means of the development of law

2021 ◽  
pp. 60-75
Author(s):  
Radik Rashitovich Lugmanov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Good Faith ◽  
Constitutional Court ◽  
Special Role ◽  
Russian Science ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Legal Uncertainty

The subject of this research is the principle of good faith in the Russian civil law, in versatility of its doctrinal understanding and complexity of substantive definition. The author describes the key approaches adopted in the Russian science, outlines certain flaws common to interpretation of this principle. It is noted that the usual interpretation of the principle of good faith, as a certain behavioral standard of the party to a contract, has no applicative avenue due to its natural meaninglessness and practical futility. Civil transaction requires predictability, certainty and stability, which is excluded without a uniform interpretation of the principle of good faith. Another subject of this research is the additional responsibilities that are directly related to the principle of good faith. The author indicated the problems of linear use of the formulas cited in law, since it also creates the grounds for legal uncertainty. The main conclusions are as follows: 1) Recognition of the special role of judicial system in revision, adaptation and development of the written law. This function of judiciary is implemented in the process of ordinary law enforcement under the auspices of referring to such general clauses as the principle of good faith. 2) Revision, development, or supplement of the law may cannot be done ad hoc. The court cannot introduce legal uncertainty into law enforcement. This requires special instruments in form of the strictly verifiable values, which would be the bases of law as a whole and civil law in particular. Such values are reflected in the Constitution of the Russian Federation and legal provisions of the Constitutional Court of the Russian Federation. Thus, the constitutionalization of private law is a natural process of translating socially significant values into the civil law by means of the principle of good faith.  

A Matter of Interpretation: Constructing and Interpreting Commercial Contracts under the Common Law and the Convention on the International Sale of Goods

2015 ◽  
Vol 4 (1) ◽  
pp. 1-42
Author(s):  
Gordon Wade
Keyword(s):  
19Th Century ◽  
Common Law ◽  
Civil Law ◽  
Private Law ◽  
International Organisations ◽  
Commercial Law ◽  
International Private Law ◽  
The Common ◽  
International Sale Of Goods ◽  
Contractual Obligations

Contractual disputes concerning interpretation can be the most intractable of all contractual disputes and their outcome is notoriously difficult to predict. The interpretation of contradictory or ambiguous contractual provisions may often be necessary in order to determine, inter alia, the effect of the parties’ actions upon the performance of the contract and what the substantive contractual obligations actually are. Contractual interpretation in civil law and common law jurisdictions proceeds from fundamentally different perspectives, particularly when viewed in light of a recognised international private law convention, the cisg. Comparing and contrasting the common law and the cisg shows the latter to be the product of a diplomatic conference comprising 62 States and eight international organisations and not a series of ancient pronouncements of English judges who developed commercial law through 19th century sensibilities. The cisg and the common law are, however, not poles apart but the cisg was born because commercial trading, commercial agreements and the parties involved have become increasingly internationalised, complex and sophisticated.

General Rules and Institutions of Private Law

Japanese Law ◽  
2021 ◽  
pp. 117-143
Author(s):  
Hiroshi Oda
Keyword(s):  
Public Policy ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Private Law ◽  
Optimal Outcome ◽  
Fair Dealing ◽  
General Rules ◽  
General Part

The Civil Code is a cornerstone of private law. The general part of the Code sets out general rules of civil law such as the doctrine of good faith and fair dealing. Japanese courts sometimes modify a contract by referring to this doctrine in order to achieve an optimal outcome. The part on juristic acts are applied to contracts. Thus, contracts—juristic acts—against public policy are null and void.

scholarly journals Establishment of the principle of good faith in national civil law: historical, doctrinal and law enforcement aspects

2020 ◽  
pp. 15-27
Author(s):  
Oxana Vladislavovna Cherkasova
Keyword(s):  
Law Enforcement ◽  
Social Norms ◽  
Civil Law ◽  
Scientific Field ◽  
Good Faith ◽  
Present Stage ◽  
The Subject ◽  
Historical Periods

The object of this research is establishment of the principle of good faith at different historical periods in the context of formation of various approaches in the doctrine and practice of civil law. Due to the absence of unanimity of opinions regarding the formation of moral-ethical categories within the national civil law, this scientific field is considered problematic and interesting for examination. The subject of this research is the historical, ideological and practical prerequisites that influenced the formation of concept of the principle of good faith in the national civil law. The scientific novelty consists in the proposed by the author principle of good faith in the historical, doctrinal and practical aspects, which leads to suggestion of future course of development of the principle of good faith in the national civil law by means of improving the current civil legislation. The conclusion is drawn that at the present stage the principle of good faith, despite the universality and crosscutting nature, initially forethought by the concept of development of civil legislation, should be concretized in the various civil legal relations, taking into account their peculiarities and specifics. Such type of circumstantiation of the general provisions of law would increase the possibility for introduction of corresponding amendments into the principle of good faith on the level of social norms.

Application of the principle of good faith in proving cartel agreements аt tenders

2020 ◽  
pp. 26-31
Author(s):  
A. S. Tymoshenko
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Competition Law ◽  
Legal Regulation ◽  
Public Law ◽  
Good Faith ◽  
Public And Private ◽  
The Public ◽  
Antitrust Laws ◽  
Theoretical View

The article discusses the issues of interpretation and applicability in competition law and in antitrust law enforcement practice of the civil law principle of good faith. The theoretical view of the concept of good faith as incompatible with the nature of public law is criticized.The law enforcement practice in cases of violation of antitrust laws by participants of anticompetitive agreements was studied, which influenced the formation of key judicial positions related to assessing compliance with the principle of good faith by bidders. According to the results of the study, it was concluded that the civil law principle of good faith is at the same time a general principle of competition law as an integrated branch of law combining public and private principles of legal regulation.It is noted that the use of this principle for legal assessment of the actions of participants in cartel agreements at tenders is not only an important tool to counteract cartelization of state and municipal procurements, but also a means of creating a business ethics of entrepreneurial relations in the public interest.

BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

2019 ◽  
pp. 120-126
Author(s):  
Diana Vivcharuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

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