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Principle of Good Faith in Civil Law Relations in Case of Entrepreneurial Activity

Student: Sharkov Anton

Supervisor: Dmitry Nosov

Faculty: Faculty of Social Sciences and Humanities (Perm)

Educational Programme: Legal Support and Protection of Business (Master)

Year of Graduation: 2018

In the master's thesis an attempt is made to research the content and role of the principle good faith in civil law relations related to the implementation of entrepreneurial activities. The research presents the experience of application and value of the good faith in foreign law, analyzed the understanding of good faith by domestic civilians. The definition of entrepreneurial activity given in the Civil Code of the Russian Federation is in a certain way linked with good faith. It is argued that following the norms of civil legislation on good faith behavior entrepreneurs reduce their risks. The paper expresses doubts about the success of the established practice on the non-application of Article 451 of the Civil Code of the Russian Federation to relations related to the implementation of entrepreneurial activities. Since good faith is an evaluation category, a separate chapter is devoted to the study of actual judicial practice. The analysis of the practice made it possible to draw certain conclusions regarding the understanding by the law enforcement of the appointment of the norms of civil legislation on bona fide behavior. Particular attention was paid to the practice of courts on the application of relatively new provisions of the Civil Code of the Russian Federation on bona fide conduct: Article 431.1 and paragraph 5 of Article 166.

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