Consequence of creditor’s unfair behavior in relations with debtor on the example of Russian law

Abstract

According to the author’s position, due to the absence at the legislative level in the Russian Federation of criteria of good faith and bad faith of the participants of legal relations, including the creditor and debtor, the problem of objective assessment of their behavior has arisen, which may entail negative legal consequences for the bona fide party to the legal relation, and erroneous evaluative conclusions of the courts in this case will not correspond to the purposes of legal relations and the objectives of civil proceedings. In the article the author provides a model of a judicial dispute between a creditor and a debtor, which can be a starting point for the development of a universal mechanism of objective evaluation by the court of the behavior of the parties to legal relations.