Antonov V.F. Application of the Doctrine of Good Morals in Foreign Legal Systems (Socio-Economic Aspects)

Abstract: The article deals with socio-economic aspects of the doctrine of good morals’ application in modern legal systems. On the basis of historical sources the main trends in the development of legislation on good manners in foreign legal systems are analyzed. Analysis of law-enforcement practice shows that on the basis of the doctrine of good manners the conflicts in the modern joint-stock, banking, commercial law, as well as in the sphere of obligation relations can be resolved. On the example of specific legal acts the evolution of theoretical views, which ensure the application of the doctrine of good morals in modern legal systems are shown. Despite some legislative transformation good manners remain the most effective instrument of business regulation. The universality of this institution is due to its orientation to the traditional criteria of morality, manifested in making concrete judgments. Historical documents indicate that during the formation of capitalist relations of good morals played crucial role on the way to counter the negative manifestations of the expanding capitalist production. In these cases, the legal regulation was carried out through the formation of appropriate incentive mechanisms to counteract the negative effects of the natural tendency of entrepreneurs to obtain property benefit. Analysis of some international documents shows that most legal limitations in international trade arise from the generally recognized principles of integrity, fairness and other ethical categories that define fundamental criteria for the proper conduct of the parties during the performance of property obligations. Thus, good manners initially contacted with honest conduct of affairs, the need to respect of the socio-cultural limitations during the performance of civil obligations. In foreign jurisdictions, good manners lay in the basis for solving of property conflicts, causes by unfair competition. Given the significant conditionality of legal limitations related to the definition of the boundaries of unfair competition, the legislature relied on the existing practice of fair trade. According to traditional beliefs the competition must not develop into unscrupulous actions involving the use of deceptive and unlawful business practices. Based on this circumstances which originally prohibited any unlawful remedies of market participants removal: through the implementation of price manipulation, the use of deceptive practices, providing false information and so forth.

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