Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Vestnik Tomskogo gos...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
addClaim

This Research product is the result of merged Research products in OpenAIRE.

You have already added 0 works in your ORCID record related to the merged Research product.

ПРОЯВЛЕНИЕ ДОБРОСОВЕСТНОСТИ НА СТАДИИ ВОЗНИКНОВЕНИЯ ОБЯЗАТЕЛЬСТВА И ЕГО ИСПОЛНЕНИЯ

ПРОЯВЛЕНИЕ ДОБРОСОВЕСТНОСТИ НА СТАДИИ ВОЗНИКНОВЕНИЯ ОБЯЗАТЕЛЬСТВА И ЕГО ИСПОЛНЕНИЯ

Abstract

In the work, the authors offer a mechanism to determine the scale of actions in good faith of the parties of the obligation at stages of its formation and fulfilment, which allows determining the scope and limits of judicial discretion in resolving a disputable situation. This mechanism corresponds to the general approach of perception of good faith in the objective sense using the author's theory of "particular life circumstances", which is based on the external and internal (substantial) assessment of the behavior of obligation participants made by the court with consideration of the facts of the case. It is established that the content of the scope of actions in good faith of the parties at the stage of formation of obligations consists of standards allowing to give an external and internal (substantial) assessment to the behavior of the parties. The essence of the external assessment consists in the need for the participants of civil transactions to comply with formal legal requirements. The internal (substantial) assessment is expressed in the need for the behavior of the participants of obligation relations to comply with the standards of good faith as the expected conduct in factual circumstances. It is determined that during the determination of compliance of the parties' behavior with the standards, which allow to give an internal assessment to such a behavior, at the stage of obligation formation, the role of judicial discretion is significant: the court has the mechanisms of determination of the good faith of behavior based on comparison of property interests of the parties in the formation of an obligation. During assessment of the behavior of the participants of civil transactions, of importance is the application by courts of legal customs that act as a landmark in establishment of standards of actions in good faith. The authors conclude that any violation of obligation conditions excludes the presumption of good faith. However, defects of execution, which directly affect the behavior of one of the participants of the obligation, do not abolish the presumption of good faith until the contrary is proved. The basic principles of the legal institution of obligation fulfilment determine the features of establishing standards of actions in good faith of the parties of the obligation from the viewpoint of the internal assessment of their behavior.

В развитие авторской теории восприятия добросовестности (в объективном смысле), а именно теории «конкретных жизненных обстоятельств», показаны особенности определения масштаба добросовестного поведения сторон обязательства на стадиях его возникновения и исполнения; представлена взаимосвязь ключевых в гражданском праве понятий: «принцип добросовестности», «добросовестность» и «добросовестное поведение»; определены пределы судейского усмотрения при разрешении спорных ситуаций.

Keywords

ДОБРОСОВЕСТНОСТЬ,ПРИНЦИП ДОБРОСОВЕСТНОСТИ,ДОБРОСОВЕСТНОЕ ПОВЕДЕНИЕ,ОБЯЗАТЕЛЬСТВЕННОЕ ПРАВО,ОБЯЗАТЕЛЬСТВО,GOOD FAITH,PRINCIPLE OF GOOD FAITH,ACTING ON GOOD FAITH,LIABILITY LAW,OBLIGATION

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold
Related to Research communities