Principle Of Good Faith Research Articles

العقد في الفكر الفلسفي: دراسة في فلسفة القانون

The aim of the study is to investigate the development of the idea of the contract from a philosophical perspective, and to know the philosophy of the balance of civil contracts. The philosophical approach was used to study and derive the idea of the balance of civil contracts as one of the pillars of contracts. The study reached a number of results, the most important of which are: The principle of the authority of the will in creating legal actions, but within its reasonable limits, in which the will is balanced with justice and the public interest. This is what is meant by the objectivity of the contractual will. The principle of good faith in negotiations always works to achieve contractual balance because it aims to protect legitimate trust in transactions, in order to conclude a contract based on informed consent to the contract by its parties. Although this principle is stipulated to be dealt with in the stage of interpreting and implementing the contract, the prevailing opinion in jurisprudence and judiciary is to work with it in the stage prior to contracting as a moral duty. Contractual negotiations give the will complete freedom to decide the fate of the contract. When the will enters into contractual negotiations, it is able to determine the effects of the contract, which is something that is taken away from it in contracts of adhesion. Contractual negotiations play a fundamental role in achieving contractual balance, because they protect the contract from defects, by allowing the negotiating parties to review the terms of the contract, and thus they are a guarantee for the weak party against the strong party that has economic and legal dominance over the contract. The study recommended many recommendations, the most important of which are: paying attention to the principle of good faith in general in contracting in all stages of the contract, and stipulating it and formulating it in a clear legal formulation in the stage preceding the contract. Also, paying attention to studying the stage of contractual negotiations in the stage preceding the conclusion of the contract, and allocating a legal regulation for it that regulates the relationship between the negotiators in Egyptian civil law.

AS ENTRELINHAS DO CONTRATO BANCÁRIO: UMA ANÁLISE DOS RISCOS DE TAXAS ABUSIVAS

This study aimed to analyze, through a bibliographic review, the legislative framework ruling banking contracts in Brazil, highlighting the inconsistencies stemming from abusive fees and onerous clauses in banking operations. In Brazil, the definitions of abusive clauses in contracts are determined by the Civil Code and the Consumer Defense Code, under which agencies such as the Central Bank of Brazil (BCB), the Delegacia do Consumidor and PROCON operate to uphold the principle of good faith. It was concluded that the imposition of a series of contractual parameters inaccessible to borrowers by financial institutions generates inequities and disparities in treatment that are incompatible with the economic order. The research might provide preventive and protective precautions to consumers confronted with banking contracts, this way assisting at the divulgation of secure economic practices and avoiding the overcrowding of the Judiciary with processes entailed by leonine clauses and abusive fees.

Features of theoretical approaches to the category "abuse of law" in the countries of the Anglo-American legal family

The article examines the peculiarities of theoretical approaches to understanding the category of «abuse of law» in the countries of the Anglo-American legal family, primarily in Great Britain and the United States. In particular, by using a set of philosophical and worldview, general scientific, special scientific methods (primarily, comparative legal, historical legal, normative, functional) and principles of scientific knowledge: the evolution of theoretical ideas about the abuse of law, their consolidation in legislation and practical implementation in individual states of the Anglo-American legal family; the peculiarities of the legal terminology used in the legislation and judicial practice of Great Britain and the USA to determine the abuse of the right are revealed; the characteristic features and general trends of the theoretical understanding and legislative consolidation of the category of «abuse of law» in the specified states have been established. It is argued that the principle of good faith is inherent in the entire legal system of Great Britain as a whole and is reflected in its individual provisions, and the duty to establish the facts about the presence or absence of abuse of the law corresponds to judicial or other competent authorities. It has been established that the doctrine of good faith is important in US judicial practice, but there is no description of the criteria of good faith in US law, their definition is left to the discretion of the court. It is proved that both English and American legislators do not provide a clear definition of the term ‘abuse of law’ in the provisions of legislation. The content of this concept is defined and disclosed in judicial practice and legal doctrine, which are closely interrelated and are based on the assessment of such actions from the standpoint of reasonableness, good faith and fairness. Depending on the branch of law and the legal system of the state, abuse of law is most often understood as damage or loss. Damage is the destruction or diminution of material goods. Losses are understood as real losses and lost profits. It is concluded that despite the fact that the problem of abuse has not been comprehensively resolved, in practice the judicial system of the United Kingdom and the United States is quite effective in combating manifestations of abuse of law.

The national doctrine of good faith in civil proceedings: a review of the main scientific works

The article examines the scientific works of national scholars on civil procedure and the practice of justice in civil cases with a view to understanding the evolutionary path of formation and development of national legal thought and legislation on such a legal phenomenon as the principle of good faith. The author analyzes the issues of good faith and misconduct in procedure, abuse of procedural rights, civil procedural liability and procedural coercion, and procedural duties as related legal categories of our study. This topic is insufficiently developed, as domestic proceduralists mainly focus their efforts on the problem of abuse of procedural rights in civil proceedings, with fragmentary attention to the issue of procedural good faith. The article examines the main works of modern Ukrainian researchers who have studied the issues of the principle of good faith in its various manifestations, which, in our opinion, are conceptually complete and serve the purposes of studying the chosen subject matter. The author summarizes that a number of researchers consider good faith through the interaction of the court and the parties in civil proceedings, characterize it as a comprehensive, evaluative legal category which distinguishes between lawful procedural behavior and abuse of procedural rights, and draw attention to the need for a legislative definition of the definition and criteria for abuse of law. The author examines related legal categories which allow identifying possible forms of abuse of procedural rights, classifies them and assesses the legal consequences of their exercise. The author proposes measures to encourage participants to the court proceedings to behave in good faith during the consideration and resolution of a civil case. The author determines that good faith in civil proceedings is of integrative importance and may include similar legal categories: prohibition of abuse of procedural rights; requirement of good faith fulfillment of procedural obligations; procedural estoppel or prohibition of other unlawful obstacles to the administration of justice.

The principles of the exercise of civil rights in the dynamics of contractual obligations

The article is devoted to the general principles of the execution of civil rights upon the occurrence, performance, change and termination of a contractual obligation. Such general patterns are the principles, the application of which is a legal fact that causes the dynamics of a contractual obligation (emergence, implementation, change, suspension, termination), as well as the protection and protection of civil law and interest). It has been proven that there is a group of principles that are characteristic of all stages of the dynamics of a contractual obligation, which are the principles of legal equality, justice, good faith and reasonableness, dispositiveness. It was analyzed that the principle of freedom of contract and free expression of will are determining principles for the execution of civil rights by participants in contractual obligations, because such principles are designed to ensure the validity of the deed, which will subsequently undergo its dynamic development. The basis of these principles is a voluntary action, without any coercion, to enter or not to enter into contractual relations (that is, emergence as a stage of dynamics), as well as to choose a counterparty, its conditions, methods of provision, special conditions for the exercise of rights and performance of duties, freedom of change and termination of the contract. Therefore, this principle will be relevant for almost all stages of dynamics, only with a different magnitude of its role. It has been proven that the principles of the fulfillment of obligations, namely the principles of proper and real fulfillment of obligations, complement the above-mentioned principles of freedom of contract and free expression of will in importance for the realization of civil rights in contractual obligations. The principles of the exercise of subjective civil rights establish fundamental requirements for the conduct of participants, in particular in contractual obligations. It is proposed to highlight such principles of the exercise of civil rights by participants in contractual obligations as the principles of consistency, unimpededness and full satisfaction of interest. The principle of protection of civil rights is manifested in the abnormal dynamics of the contractual obligation. It has been proven that a certain set of basic principles for the exercise of civil rights is inherent to each stage of the dynamics of a contractual obligation.

Принцип добросовестности в муниципальных правоотношениях

The article is devoted to the study of the content and functions of the constitutional principle of good faith in municipal legal relations. Based on an analysis of the legal nature of local self-government, the status of participants in municipal legal relations and the legal positions of the Constitutional Court of the Russian Federation, the list of functions of the principle of good faith in the municipal sphere has been clarified. The thesis is substantiated that within the framework of municipal legal relations, the principle of good faith, in addition to specifying, complementing, correcting and limiting functions, also performs a compensatory function aimed at protecting the obviously weaker party in order to ensure constitutional requirements for the balance of rights and legitimate interests of the parties in legal relations. The manifestations of the specifying function of the principle of good faith in the sphere of municipal legal relations have been studied. The analysis of the functions of the principle of good faith and materials from law enforcement practice allowed us to formulate certain criteria for the good faith of local government bodies and officials.

Analisis Hukum: Actio Pauliana terhadap Aset Disewakan dalam Kepailitan

This research focuses on the legal regulation of leasing in the context of bankruptcy, emphasizing the importance of good faith principles and the application of actio pauliana. Leasing involves managing economically valuable assets through agreements that must comply with the validity requirements under Article 1320 of the Indonesian Civil Code, including the principle of good faith. In bankruptcy cases, the good faith principle is applied through actio pauliana, which grants creditors the right to annul actions by debtors that harm them. This research aims to understand how the Bankruptcy and Suspension of Debt Payment Obligations Law (KPKPU) regulates rental income from bankruptcy assets and the application of actio pauliana to leased bankruptcy assets. The study employs a normative juridical method with legislative and conceptual approaches to analyze the legal certainty of leased bankruptcy assets. The findings show that rental income can be classified as bankruptcy assets under Article 38 of the KPKPU Law, and actio pauliana can be applied if the leasing agreement is made in bad faith, as per Article 1341(2) of the Civil Code and Article 38 of the KPKPU Law.

Good faith principle in Indonesian contract law: How to set the definition and its benchmarks

Good faith principle in Indonesian contract law: How to set the definition and its benchmarks

Historical outline of the development of the principle of good faith in civil procedure in Germany and France

The article analyzes the concept of good faith on the example of its development in civil proceedings in Germany and France. The author traces the relationship between the good faith of Roman civil procedure and the good faith of continental European countries, which was developed through the reception of Roman law. he author examines a number of sources of the so-called barbarian law in the context of good faith and its negative manifestation - bad faith in procedural communication and counteraction thereto. The author defines good faith as a condition for proper procedural behavior in the sources of law of the Holy Roman Empire of the Germanic nation and traces the history of the term Treu und Glauben. The author examines the concepts of correlation between the Roman term bona fides and the German term Treu und Glauben, which has become a general principle of various branches of law, including civil procedure law. The author examines the presence of the good faith principle in the modern German Code of Civil Procedure. The author also analyzes the concept of the formation of the principle of good faith in civil proceedings in France, for which purpose the medieval rules of customary law contained in such legal sources as the Coutumes Beauvais are studied. Special attention is paid to an important source of French procedural law of modern times - the Ordinance of Louis XIV of 1667 (Louis Code), which was the basis for the Civil Procedure Code of Napoleon of 1806 and whose provisions contained measures to counteract the abuse of procedural rights, and in some cases the term good faith as a measure of exemplary procedural communication. The author also reviews the provisions of the current French Code of Civil Procedure, which entered into force on January 1, 1976, where the principle of good faith is applied both as a counteraction to unfair procedural behavior and as a standard of procedural behavior which provides for the proper performance of duties and exercise of rights. The author determines that the principle of good faith is primarily found in substantive law, both in Germany and France, from where it is integrated into procedural law.

Peculiarities of fulfilling obligations under a timeshare agreement

The scientific article examines established approaches in private law doctrine to understanding the concept of «fulfillment of contractual obligations». The essence of the fulfillment of obligations is revealed, in particular, that it is revealed through those actions that the party commits to achieve the results for which the deed was concluded. It has been proven that active fulfillment of obligations takes place in timeshare contracts, as actions are assumed by both counterparties, the consumer must pay on time, and the timeshare founder must provide access to property suitable for quality recreation during the reserved period. It was found that the fulfillment of obligations under the timeshare agreement: aims to achieve the purpose of the timeshare agreement; is a manifestation of consistent factual and legal actions of the parties to the contract, which, on the one hand, achieve the goal, and on the other hand, provide for the exercise of subjective rights. It is justified that the principle of good faith plays an important role in fulfilling the obligations under the timeshare agreement, which is the appropriate standard of actions of the parties to the agreement, a measure of honesty, openness, and respect for the interests of the counterparty. A timeshare contract will be properly executed if the parties to the contract act in good faith. It was found that good faith is closely related to the principle of obligation of the parties to fulfill their contractual obligations, which definitely limits the freedom of contract. This is also followed in judicial practice. In addition, good faith helps prevent possible abuses of contractual freedom. Fulfillment of obligations under the timeshare agreement must be proper, which is directly related to the will of the parties, as well as the quality of the provided services for accommodation for recreation of the consumer and his family members. In our opinion, the quality of services under timeshare contracts should be one of the essential conditions of the contract, the feature that characterizes its subject. It was revealed that when considering the problem of proper performance of the obligation, scientists also note the principle of real performance, which means the need for the debtor to perform those actions that correspond to the content of the obligation.

PELAKSANAAN PRINSIP UTMOST GOOD FAITH UNTUK PRODUK ASURANSI PROPERTY ALL RISK

This research aims to analyze the full application of the principle of good faith in Property All Risk (PAR) insurance products in Indonesia. This study explores how these principles are implemented by insurance companies and understood by policyholders, with a focus on potential challenges and misunderstandings that may arise. This research uses a qualitative approach using interviews and surveys of policyholders and insurance company representatives. Findings reveal that often there is a lack of clear communication from insurance companies regarding the terms and conditions of PAR policies. Many policyholders do not fully understand coverage and exclusions due to the complex legal language used in the policy. This lack of understanding can cause disputes during the claims process. This study is limited to the Indonesian insurance market and focuses on one type of insurance product only. This research suggests that insurance companies need to improve their communications strategies to ensure that policyholders fully understand the terms of their insurance policies. This can be done by simplifying the language used in the policy and providing a more comprehensive explanation during the policy issuance process.

The influence of European integration on the development of the concept of fair competition in Ukraine

Bona fide and fair competition is a form for implementation of the fairness principlein the economic activity. Fair competition in the modern economic turnover allows takinginto account and coordinating diverse interests of market participants, consumers,and the state, as well as achieving a necessary compromise in their implementation.Providing the legal framework for free and easy implementation of fair competition isone of the leading directions in the state legal policy implementation.Fair competition is the embodiment of certain moral, ethical and socio-historicalideas about good and evil in economic activity, which defines the boundaries of permissiblebehaviour, including competition. Thus, fair competition is the embodiment of moral and ethical ideals of good and justice, and the implementation of the rule of lawprinciple in economic (competitive) legal relations.The study of the problems of legal regulation of fair competition gives us the opportunityto assert that in Ukraine, repeated attempts by legislators and representatives of theAntimonopoly Committee of Ukraine to formulate more or less defined rules of fair competitionhave not been successful. The rules of professional ethics developed by entrepreneursin cooperation with chambers of commerce and industry and approved by the AntimonopolyCommittee of Ukraine, recommendations of advisory bodies and internationalnon-governmental organizations and unions, and judgments of the European Court ofHuman Rights remain an effective mechanism for implementing the principles of goodfaith of participants in competitive competition.The key to effective development of economic relations in Ukraine is the gradual integrationof Ukraine's economic system into the global economic world, which is possibleonly through the unification and harmonisation of the current legislation within theframework of regional and universal trade agreements. For Ukraine, as a candidate countryfor EU accession, it is important to finalise the implementation of European legislationinto the legal system of Ukraine, to decide on the conceptual framework for the protectionof trade secrets and the model of unification of European law affecting the development ofcompetition in certain markets at the national level.

Смарт-контракты: юридическая интерпретация поведения сторон в свете принципа добросовестности

The article is devoted to the debatable issues of application of the principle of good faith in interpreting the terms of a smart contract, clarification of the meaning and content of the preliminary agreements of the parties that take place before the conclusion of a smart contract. Among the key factors of interpretation, the authors consider the volitional element of the participants of civil turnover, the nature of the performed obligation within the programme code. Also, in this part the peculiarities of interpretation of smart contracts by courts from the point of view of compliance of the application of provisions from a smart contract with the principle of good faith were especially studied. The researchers have modelled and analysed examples demonstrating particular cases of application of the principle of good faith arising on or before the conclusion of a smart contract (pre-contractual stage of relations).

ANALISIS YURIDIS WANPRESTASI DALAM KASUS JUAL BELI MATERIAL BESI DAN SENG

The sale and purchase agreement that ended in a lawsuit for breach of contract occurred because one of the parties did not fulfill its obligations. The problem in this paper is the implementation of agreement between PT AS and PT HM reviewed from the applicable provisions and the method of resolving the breach of contract in court. For the finding results and conclusion in this case, PN Tangerang won PT HM, while PT Banten won PT AS. The Supreme Court confirmed the decision of PT Banten. Obtained is that the agreement is valid and binding even though it was not made in writing. In its implementation, PT AS has fulfilled its duty, while PT HM has not fulfilled its duty or is in breach of contract. The type of breach of contract committed by PT HM is carrying out what was promised, but not completed. The action of PT HM in refusing to comply with court decision and submitting a PK using falsified evidence shows that PT HM has violated the principle of good faith and can be charged with a civil lawsuit (PMH) and a criminal lawsuit (fraud / embezzlement / default and falsification of documents).

Implementation of Good Faith Principles in Trade Contracts in Indonesia

The principle of good faith is a fundamental basis for establishing contractual relationships, including trade contracts in Indonesia. The application of this principle is important to create a conducive, fair and transparent business climate. The purpose of this study is to examine the application of the principle of good faith in trade contracts in Indonesia. This research uses qualitative research methods by collecting data using literature review techniques. then after the data is collected, it is analyzed using steps such as selecting data, presenting data and finally making conclusions. The research findings show that the implementation of the principle of good faith in trade contracts in Indonesia is regulated in Article 1338 paragraph (3) of the Civil Code, which emphasizes the importance of the principle of good faith and fair dealing in the entire contract process, starting from negotiation, contract arrangement, contract implementation, to dissolution. contract. In Indonesian law, good faith is applied not only during contract implementation but also in the pre-contract stage, namely before the contract is signed. This is important to protect the parties involved in the transaction from losses. The use of the good faith principle in commercial contracts in Indonesia has also been applied in several judicial cases, such as in life insurance contracts, where the court ensured that the good faith principle was applied to protect the rights of the parties involved. Apart from that, the principle of good faith is also applied in the choice of law for foreign direct investment contracts Indonesia.

Legality of Electronic Contracts in the Context of Good Faith Principle Application in E-Commerce Transactions within the Modern Economy: A Review Based on Wilstheorie

Seeing the many facilities provided by E-commerce, especially related to electronic contracts, legal problems arise from the side of civil law related to the validity of the agreement and the legal relationship of the parties. This research aims to determine the validity of electronic contracts from the perspective of the application of the principle of good faith in e-commerce transactions in the context of modern economics according to Wilstheorie. Electronic contracts are the result of advances in technology and information, where buying and selling transactions are carried out online through electronic media. The provisions regarding the legal requirements and legal force of electronic contracts in the laws governing electronic transactions are still uncertain. Electronic contracts are often made in a standardized contract format, where the clauses made do not pay attention to the application of the principle of good faith and applicable laws and regulations. Wilstheorie emphasizes the importance of moral and intellectual agreements with integrity and honesty and has an important role in shaping social structures that are not only fair but also sustainable. The research method used in this scientific work is normative juridical research method. The results of this study state that Wilstheorie about standard contracts is an agreement or contract based on a shared understanding of the values and principles that underlie common life in society with integrity and honesty. This concept emphasizes the importance of moral and intellectual agreements in shaping a fair and sustainable social order.

Application of the Principle of Good Faith in the Implementation of Trademark Registration in Indonesia Based on the Supreme Court Decision Number 1051 K / PDT. SUS-HKI / 2023

Brands contain a manufacturer's promise to consistently provide certain characteristics, benefits, and services to consumers. Economically, brands have a price that motivates producers in various ways so that the brand can compete and become popular among the public. The existence of legal rules on the protection of well-known trademarks can be applied to avoid losses to holders of trademark rights and for consumer protection against the purchase of counterfeit branded goods. The case contained in the Supreme Court Decision Number 1051 K/Pdt.Sus-HKI/2023 between Jolla and Jolla. Sus-HKI/2023 between Jollibee Food Corporation against Karsino in the "JOLLIBEE" trademark dispute is one example of bad faith in trademark registration in Indonesia. This research uses normative juridical method by using Statute Approach. The form of legal protection is in the form of cancellation of the Defendant's "JOLLIBEE" trademark from the General Register of Trademarks of the Directorate General of Intellectual Property Rights. The cancellation of the Defendant's "JOLLIBEE" trademark because there are similarities in essence with the Plaintiff's "JOLLIBEE" trademark.

The Unidroit Principles on International Commercial Contracts and sustainable development

Abstract A number of motivations currently drive multinational corporations to the inclusion, monitoring, and enforcement of contract requirements for sustainability. These can be either as a result of investor demand for environment, social, and governance policies; regulatory requirements for inclusion of such contract stipulations; or the increasing litigation for conduct leading to environmental harm, but they can also be a result of reputational risk linked to the failure of adoption of such policies. This article examines the role of contract law in enforcing such requirements, which have traditionally been viewed with suspicion due to their unilateral nature. The article poses the features of the International Institute for the Unification of Private Law’s Principles on International Commercial Contracts as a beneficial regime to further the goals of sustainability through the use of contextual interpretation enabled through the good faith principle, the recognition of the importance of trade usages, and the limitations placed on party autonomy. The article posits that a major shift in the ideological orientation of contract law through the imposition of limitations on the pacta sunt servanda principle in order to protect the public interest is not warranted. Rather, tools such as contractual interpretation and the establishment of contractual standards of sustainability are better placed to ensure enforcement and compliance with the widely established practice of inclusion of sustainability standards and codes of conduct.

Menguatkan Perjanjian Lisan dengan Asas Itikad Baik: Sebuah Kajian Hukum

Introduction: Verbal agreements are often a source of dispute due to the lack of written evidence that can be used as evidence. This is due to the absence of good faith from one of the parties who denies the existence of the agreement, making it difficult for the other party to prove that the legal act was agreed upon and then a dispute occurs between the two.Purposes of the Research: The purpose of this study is to examine the strengthening of verbal agreements with the principle of good faith.Methods of the Research: The research method used is Normative Juridical Research with the type of library research.Results of the Research: The implementation of the principle of good faith must be carried out both in written agreements and even in verbal agreements. Especially in verbal agreements, the main capital that binds is trust. So that if there is no good faith in making an agreement, it is tantamount to denying the trust that is the basis for an agreement.

Concrete Form of Legal Protection Against Buyers in Good Faith in The Buy and Buy of Land

The principle of good faith receives less attention than other principles in civil law literature. This study aims to determine how buyers who buy and sell land in good faith are protected by the law. The normative legal research methods used in this study are utilized. One concrete form of legal protection for buyers who act in good faith is that if a judge decides that the buyer is a buyer who acts in good faith, he or she must also decide the status of the sale and purchase that has taken place. These are the findings of the research study that are the subject of the discussion. Is the sale and purchase object still the buyer's property, or does the sale and purchase status end and the buyer has to pay back the seller the money? Rather than having to file a lawsuit in court, which takes a considerable amount of time and cannot guarantee buyers' certainty of legal protection, this type of thing is certain to be sufficient to provide buyers in good faith with protection.