BAD FAITH AS A CIVIL LAW CATEGORY

Abstract

The article studies the history of the emergence of good faith and bad faith as civil law categories, their relevance and use in the current legislation in connection with the increased number of business entities and disputable legal relations in which they enter, as well as legal consequences. In particular, the essence of bad faith as a civil-law category is revealed by studying the aspects of its application in the norms of civil and other types of national legislation. The views of different scientists on the definition of civil law categories “good faith” and “bad faith” are studied and critically analyzed, and the classification of different types of bad faith is given. The author’s understanding of the civil law category “bad faith” is given on the basis of analyzing theoretical views and legislative and law enforcement practice. In the course of the study, general scientific and special methods of scientific knowledge, such as historical, systematic, comparative-legal, analytical, logical-legal, and others, were used; foreign and national scientific and theoretical views; judicial and law enforcement practice were examined. As a result of the research, conclusions concerning the obtained main results are given: systematization of approaches and views of scientists to the description of the studied civil-law category, classification of types of bad faith, and the author’s definition of this category.