Open AccessCategories of reasonableness and good faith in private law regulation
Author(s) -
Natalya I. Besedkina,
Vasily V. Gushchin,
Taimuraz E. Kallagov,
Tatiana V. Larina,
Zlata V. Makarchuk
Publication year - 2021
Publication title -
laplage em revista
Language(s) - English
Resource type - Journals
ISSN - 2446-6220
DOI - 10.24115/s2446-6220202173a1366p.60-66
Subject(s) - legislation , dialectic , faith , legislature , law , norm (philosophy) , law and economics , good faith , sociology , legal culture , legal norm , political science , epistemology , philosophy
The purpose of the article is to study the legal nature and essence of the categories of reasonableness and good faith in the field of private law regulation in the legislation of modern Russia. The methodological basis of the research was the general scientific dialectical method of cognition and the private scientific methods that follow from it: system-structural, concrete-sociological, technical-legal, historical-legal, and comparative legal methods. Their application allowed the authors of the article to study the objects under consideration in their interrelation, integrity, comprehensively and objectively. The article concludes that good faith is essential in filling the gaps in the legislation. It is not always possible to establish a single rule, to approve a norm that excludes unfair conduct. The gaps are not only due to legislative errors. Two factors have an important impact: the diversity of relations and their constant development in different areas (for example, e-commerce, financial markets).