Proposals for codification of the principle of good faith in civil law: from an evaluation category to a normatively defined structure

the article presents the results of a theoretical and legal study of the principle of good faith in the civil law of the Russian Federation, focusing on the transformation of this category from an evaluative and axiologically uncertain into a normatively defined and codified legal structure. The scientific approaches to the concept of good faith are analyzed, the problems of normative fragmentation and inconsistency of judicial practice are revealed, in particular, the discrepancy between the legal positions of the Supreme Court of the Russian Federation and the formal dogmatic approach of lower instances. Based on doctrinal, comparative legal and law enforcement analysis, proposals have been developed for the institutionalization of good faith in the Civil Code of the Russian Federation, including the introduction of a legal definition, differentiation of goodwill by stages of commitment, formalization of presumptions and criteria, as well as the consolidation of a positive obligation to promote the faithful fulfillment of obligations. The concept of good faith is formulated as a normative instrument of legal correction, focused on increasing the predictability, stability and consistency of civil law regulation.

good faith, civil law, codification, the Civil Code of the Russian Federation, legal certainty, judicial practice, law enforcement, normative construction, legal interpretation, the principle of good faith