Difficulties in Principle of Good Faith Implementation in the Conditions of Digitalization of Civil Turnover

Abstract

The author examines the essence, features of implementation, and prospects of transformation of the content of the good faith principle in connection with the need to regulate civil relations in the digital environment. In particular, based on historical and doctrinal aspects, the author concludes that the good faith principles appliesin the context of current legislation. The author claims that this category is a principle of civil law, despite the doubts of some researchers. At the same time, conscientiousness is the most important evaluation category of domestic civil law, elevated to the rank of the basic principles of civil legislation. Based on the results of consideration of individual model and real-world examples from practice, the author concludes that good faith remains an actual and necessary tool that can be used both in legislative and law enforcement activities when solving legal problems of legal regulation of relations related to the use of digital technologies. In this case, some specific features of the principle of good faith may be identified. They are in particular as follow. There is an increase in the standard of providing information to the counterparty (in relations in the digital environment, the requirements for necessary information, as well as its content, become higher). In the future, it is possible to tighten the consequences for failure to provide information in the context of paragraph 3 of Article 307 of the Civil Code of the Russian Federation (clearly that some information can not be reported during a «live» interaction, for example, about obvious shortcomings of the product. However, the situation is different in the online space. It is necessary to consider the site interface as a circumstance affecting the assessment of conscientiousness of behavior (in this regard, font, colors, distractions are subject to evaluation).