Good Faith
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2021 ◽  
Vol 27 (3) ◽  
pp. 249-256
Georgiy D. Travin

This article analyses construction and application of the “good faith” concept by the European Court of Justice. Historically having played an important role in the national law of the EU member states the term functions with a similar but not identical purpose on the supranational level within the European Union law. Topicality of the referenced practices is based on the EU’s leading role in the general globalisation and unification of substantive law. After an analysis of the European Court of Justice judgements constructing EU Secondary law provisions which refer to “good faith” the role said construction plays in regulation of civil matters in the European Union as a supranational authority is outlined. Case law on matters concerning consumer protection and intellectual property are analysed and a conclusion on probability of applying foreign practices to Russian law is made.

2021 ◽  
Vol 11 (4) ◽  
pp. 70-86

The study puts forward the idea that the development of the principle of good faith in civil law should seriously affect the arbitration process and should make it unprofitable to lie in court. Among other things, we believe that it is possible to raise the question of using the legislator’s approach without the culpable occurrence of negative consequences of false assurances about circumstances in the conduct of entrepreneurial activity. The author also argues that there should be no deception of the court, because any decision based on a lie is not justice and is contrary to the rule of law. In a situation where deception does occur, there must be a mechanism to rectify the situation and level out the consequences of the deception. As a kind of substantiation of the above ideas, the author uses a reference to the principle of direct examination of evidence, which is enshrined in Articles 10 and 71 of the APC RF and obligates the court to directly examine and perceive all evidence in the case, including hearing explanations of persons involved in the case, testimony of witnesses, expert opinions, review written evidence, examine the physical evidence. Compliance with this principle guarantees the personal perception of the judges of the arbitration court of all evidence, which is probably one of the most significant guarantees of justice.

2021 ◽  
Vol 17 (2) ◽  
pp. 35-44
V. I. Boyarinova

The article discusses the issue of the content of the pre-contractual legal relationship and the role of good faith in it. As a result of the analysis, it is concluded that the content of the pre-contractual legal relationship includes only one pre-contractual obligation – to negotiate in good faith. It should be considered as a duty that includes separate elements – manifestations of the general obligation of the parties to behave in good faith, arising at the pre-contractual stage, or, in other words, requirements for good behavior. These elements include the obligation to inform; the obligation not to interrupt negotiations without giving reasons if the other party relied on the person's intention to conclude a contract; the obligation to keep the information received in confidentiality if the party knows that the information is secret and cannot be used by third parties. An attempt has been made to prove that the meaning of good faith is not in addition to the pre-contractual obligation, but in its specification.

Rodrigo Regert ◽  
Sabrina Frigotto ◽  
André Lemuel Ferreira Krieguer ◽  
Pedro Henrique Willimann dos Anjos ◽  
Jaquelyne Maria Guimarães ◽  

Os contratos são negócios jurídicos bilaterais que regulam acordos de vontades. Vários princípios precisam ser analisados quando se trata deste tema, dentre eles, sobretudo o da autonomia de vontade, da força obrigatória, da boa-fé e do consensualismo. Em tempos de pandemia, pode ficar difícil consultar um advogado de maneira presencial para redigir um contrato, é neste contexto que se apresentam os Smart Contracts (Contratos Inteligentes). O presente estudo, portanto, possui o escopo de analisar os Smart Contracts como um método alternativo para a situação atípica na qual o mundo atualmente se encontra. Buscará também salientar quais são os pontos positivos e negativos da contratação em meio virtual, como também da tecnologia reguladora no contrato digital. Para os fins buscados, quanto aos aspectos metodológicos, a pesquisa foi de natureza básica, com abordagem qualitativa, objetivo exploratório e bibliográfico do tipo narrativo. Os contratos inteligentes são promissores no cenário atual, em virtude de seu desenvolvimento ser realizado com tecnologia de extrema segurança, constituindo-se em grandes facilitadores na elaboração de acordos. Tendem a popularizar-se cada vez mais em um futuro próximo. Palavras-Chave: Contratos. Smart Contracts. Pandemia. Abstract: Contracts are bilateral legal deals that regulate will agreements. Several principles need to be analyzed when it comes to this theme, among them, especially that of autonomy of will, mandatory strength, good faith and consensualism. In times of pandemic, it can be difficult to consult a lawyer in person to draft a contract, it is in this context that Smart Contracts are presented. This study, therefore, has the scope of analyzing Smart Contracts as an alternative method for the atypical situation in which the world currently finds itself. It will also seek to highlight the positive and negative aspects of hiring in a virtual environment, as well as the regulatory technology and the digital contract. For the purposes sought, regarding the methodological aspects, the research was of a basic nature, with a qualitative approach, exploratory and bibliographic objective of the narrative type. Smart contracts are promising in the current scenario, due to their development being carried out with extremely secure technology, constituting great facilitators in the elaboration of agreements. They tend to become more and more popular in the near future. Keywords: Contracts. Smart Contracts. Pandemic.

2021 ◽  
pp. 198-213
Lech Jaworski

Journalistic secrecy is professional. In the light of Article 15 of the Press Law (Pr.L.) the journalist is obliged to keep secret the identity of his informants and the authors of the press material, the mail to the editorial office or other material of this nature, if they deserve the right to remain anonymmous. This obligation also applies to other persons employed in editorial offices, press publishing houses and other press organizational units. In addition, it covers any information, the disclosure of which could violate the legitimate interests of third parties. This corresponds to the content of Article 12 § 1 (2) Pr.L., according to which a journalist is obliged to protect the personal rights and interests of informants acting in good faith and other people who trust him or her. Breaking journalistic secrecy is a crime prosecuted ex officio. However, in certain situations journalistic secrecy is excluded (Article 16 Pr.L. and Article 180 of the Code of Criminal Procedure).

2021 ◽  
Vol 8 (2) ◽  
pp. 101-106
I Gede Raka Ramanda ◽  
Made Wiryani ◽  
Ni Luh Mahendrawati

This research is based on the provisions of law No. 42 of 1999 on fiduciary, in particular in article 34, and the provisions of article 27 paragraph 3 regulation of the Financial Services Authority No. 33/POJK. 03/2018. There is a conflict of norms between debtors and creditors. The purpose of this study is to find out the legal consequences for debtors who have been voluntarily submitted to the creditor for a voluntary warranty and to find out the legal protection of a debtor who is in good faith hand over a fiduciary guarantee. The theory used in analyzing data is the theory of the Norms (Stufenbau Theorie), the theory of legal certainty and the legal protection theory. Meanwhile, the method used is normative research with a statutory approach. The result of this study showed that Financial Services Authority Regulation Number 33 /Pojk.03/2018 Regarding Quality of Earning Assets and Formation of Allowance for Earning Assets of Rural Credit Banks, regulating the issue of Collateral Foreclosed can be overridden or become not valid, or at least a material test by the Supreme Court. If violated, it results in being null and void. Furthermore, based on legal protection theory, that Article 15 paragraph (2) of Law Number 42 Year 1999 does not provide legal certainty and justice for debtors.  

2021 ◽  
Vol 8 (2) ◽  
pp. 136-144
Putu Satria Fajar Purwanta ◽  
I Made Suwitra ◽  
Ketut Kasta Arya Wijaya

The lack of precision between the buyer and the land deed official is a factor in the emergence of the uncertainty of the law against the certificate issue. In addition, the seller also intentionally does not notify that there is a defect in the certificate that causes the buyer to suffer a loss. It needs the protection of the buyer acting in good faith so that in the future no longer appears dispute regarding the certificate of a double or false which is used as the object of buying and selling. This study aims to know the certainty of the law, the transfer of rights over the land and the form of the legal protection of the buyer acting in good faith in buying and selling with counterfeit certificate object. The method used in this study is normative legal research. In addition, the legal materials are obtained by using a literature study. The results of this study showed that the transfer of rights over the counterfeit certificate object causes legal uncertainty because there is a violation of article 1320 of the Civil Code, namely the agreement and skills that can be requested for cancellation, the form of the legal protection of the buyer acting in good faith in the form of protection repressive where such protection can be provided in the form of criminal sanctions, administrative and civil to the seller.

2021 ◽  
pp. medethics-2021-107709
Hugh Davies

This paper describes the UK Research Ethics Committee’s (REC) preparations and review of the global first SARS-CoV-2 human infection challenge studies. To frame our review, we used the WHO guidance and our UK Health Research Authority ethical review framework. The WHO criteria covered most issues we were concerned about, but we would recommend one further criterion directing RECs to consider alternative research designs. Could research questions be equally well answered by less intrusive studies? The committee met virtually, ensuring broad representation across the UK nations and also ensuring applicants could attend easily. We worked in collaboration with the applicants but while we recognise that such proximity might raise the accusation of ‘collusion’, we made every effort to maintain ‘moral distance’ and all decisions were made by the committee alone. Prior existing processes and policy facilitated training and review but even with this preparation, review took time and this could have hindered a rapid response to the emergency. Review for the various follow-on studies will now be speedier and once the pandemic has subsided, our group could be reconvened in future emergencies. In conclusion, we have tried to make decisions in good faith. We know there is controversy and disagreement and reasonable people may feel we have made the wrong decision. A more detailed analysis, built on the WHO guidance, is provided in online supplemental material.

2021 ◽  
Vol 7 (4) ◽  
pp. 617
Aleksejs Jelisejevs

When unilaterally closing a customer’s account due to so-called de-risking, the customer’s interests are not only ignored by the bank but their human rights, including respect for his private life and presumption of innocence, are also severely violated De facto, de-risking stigmatizes discarded consumers as being involved in criminal activity without a court conviction. As a result of the unfair account closure, both the consumer's social and psychological integrity can suffer. Their rights to establish and develop relationships with other human beings and the outside world and respect for reputation are put in jeopardy. In order to overcome the above collision of interests, this study proposes a doctrinal assessment of consumer's interests that should limit the bank's right to unilaterally terminate the contract by the systemic and teleological interpretation of regulating rules in combination with the general civil principle of good faith. By analogy with the original source of the problem, this tool has been called the “Good Faith-Based Approach". Therefore, in view of states' affirmative obligations under the European Convention on Human Rights, this research shows that the consumers' conflicting interests should take priority in legal protection until the consumer's involvement in money laundering and terrorist financing is established and proven. A certain level of restrictions imposed on the consumers' fundamental rights could be considered justifiable to prevent money laundering as long as the business relationship with the bank continues. However, when rupturing contractual relations within the de-risking paradigm, only close adherence to the good faith principles can guarantee that the bank's rights are not applied by the bank formally and unreasonably, that is, against the sense, meaning, and goals established by the regulating authorities or contrary to the general idea of law. Keywords: Good faith, De-risking, Bank account closure, Unilateral termination of contract, Human rights

2021 ◽  
Vol VI (III) ◽  
pp. 44-55
Jabreel Asghar

This research paper looks at the language use to exploit and propagate certain stereotypes imposing on the parties involved in the institution of marriage. A critical discourse analysis with a field, tenor, mode approach uncovers how bride and bridegroom are deprived of their consents on various issues and are socially forced to accept the assumptions created by prevalent social norms. The study exposes how the use of certain discourses and lexical choices restrict the participants to overlook or discard other options which could be otherwise legally and religiously granted to them. The study emphasizes that the current marriage certificate (Nikah Nama) needs to be thoroughly revised in order to eliminate language exploitation and allow both parties to be well aware and exercise their rights before giving their consent in good faith, predetermined by the social taboos.

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