Добросовестность субъекта предпринимательской деятельности при заверении об обстоятельствах

Abstract

Introduction: recently, the institution of representations has been reflected in civil legislation. The scientific and legislative classification of integrity into objective and subjective has important theoretical and practical significance. This gives reason to think about the impact of subjective and objective integrity in the context of the application of Part 4 of Article 431.2 of the Civil Code of the Russian Federation on the responsibility of a business entity. The essence and necessity of the existence of the institution of representations, its historical origin are highlighted. There is a logical relationship in terms of the legal regulation of this institution in Russia and England. The purpose of the study is to analyze the possibility of the impact of the integrity of the entrepreneur on the responsibility for the falsity of the representations provided. Methods: the methodology of the paper is formed by the methods of scientific cognition: formal-legal, comparative-legal, analytical. Results: when applying Part 4 of Article 431.2 of the Civil Code of the Russian Federation, legal situations may arise in which a business entity will be partially bona fide. However, this circumstance does not affect the liability. Subjective integrity will not be a circumstance excluding and limiting liability measures. This provision does not meet the requirements of fairness and reasonableness of private law. This, in turn, leads to a decrease in the level of effectiveness of private law norms. Conclusions: based on the long-term existence and functioning of the institution of representations in England, a possible way to solve this problem is proposed by partially reforming this legal norm. Such a solution will correspond to the goals of the existence of private law.