Legal features of the regulatory function of the principle of good faith

Abstract

The author analyzes the application of the principle of good faith by courts when considering disputes as a rule of law The article concludes that since good faith is an evaluative concept, there are no criteria for it in the law, when applying the principle of good faith by courts, it is necessary to specify and clarify the criteria of good faith for the consideration of specifi c disputes. Courts form rules, in some cases different from the rules established by the law, after which they are widely applied as rules of law. The paper concludes that the recognition of the possibility of applying the principles of law as norms of law determines the appearance of the law- making role of courts. The article concludes that liability under article 10 of the civil code for violation of the principle of good faith also indicates the possibility of applying the principle of good faith as a rule of law.