Legal and political thought
Vinokurov S.N. —
The modern concept of good faith in the law of obligations of France, Germany, United States and England
// Law and Politics.
– 2018. – ¹ 8.
– P. 1 - 12.
DOI: 10.7256/2454-0706.2018.8.27104 URL: http://en. nbpublish.com/library_read_article.php?id=27104
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The apprehended from philosophical thought by the national law idea of good faith or bona fides is traditionally and inevitably featured in civil circulation regardless of jurisdiction. The Western doctrine of law enforcement practice formulates various approaches towards bona fides through which it is enshrined in the national legal orders. As a principle that coordinates the private legal relations, bona fides is legally enshrined in legal system of the countries of continental and common law. The goal of this article lies in description of the content of essential elements (structure) of bona fides presented in the Western European and American legal doctrine, as well as the law of obligations of France, Germany, United States and England. As a legal concept, bona fides has become firmly established in the law of obligations of the majority of European countries and has objective grounds. The author examines the similarities and differences between the concepts of good faith among the related legal systems, determines the fundamental distinctions in understanding of the structure of such principle between the countries of common and continental law, as well as its role in the modern private law.
France, Germany, obligation in relationship, common law, continental law, principle, concept, good faith, England, the USA
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