Abstract

The article explores the essence of the principle of good faith in modern civil law, the doctrines in which this principle is reflected, the functions of the principle of good faith in civil law, the need for the concept of good faith in civil law and problems in the application of this principle in the Civil Code. To this end, the author discusses not only the expression of this principle in doctrines, but also the extent to which it has been studied in civil law in foreign countries, and the expression of the principle of good faith in the current Civil Code and the draft of the new Civil Code of Uzbekistan.
 In addition, a number of civil law relationships that have not been sufficiently explored have been studied, requiring the systematization of knowledge due to the different manifestations of the category of integrity, as well as the practical significance of this category in civil law relations. In this regard, this article
 highlights the shortcomings of the principle of good faith in the current Civil Code of the Republic of Uzbekistan.

Highlights

  • From Roman law to modern law, the principle of good faith or fairness, which is the essence of the law, has not changed itself

  • The question of whether a participant in civil proceedings should act in good faith, take into account the interests of the other party within the relationship, or whether he can put his own interests first even if he harms his partner, is answered by modern Roman law with an effective civil law relationship based on a partnership for a purpose rather than a combative action [13]

  • The need to amend the current Civil Code to strengthen the principle of good faith is due to a number of objective reasons

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Summary

Introduction

From Roman law to modern law, the principle of good faith or fairness, which is the essence of the law, has not changed itself. Article 2 of the Civil Code establishes the general principle of civil law according to which everyone must exercise his or her rights and act in good faith in the performance of his or her obligations. Article 1 of the Code states that "participants in civil legal relations shall act in good faith in establishing, exercising and protecting civil rights and fulfilling civil obligations. The interpretation of the rule of good faith performance as a general principle of civil law defines a number of institutions, and this is evident in the mastery of German jurisprudence and legal practice Today this principle is embraced by supranational European instruments claiming to unify contract law or even all private law [3]. These changes have led to the fact that bad faith behaviour when entering into a contract can be grounds for subsequent termination [3]

The Principle Of Good Faith In Civil Law
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