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9.3. Principle of Good Faith in Private Law

Track: 9. Private Law

Description

The requirement to operate in good faith in the course of performance of responsibilities and exercise of rights, addressed to civil transactions parties, was set out in Section 1 of the Civil Code of the Russian Federation not so long ago. Has the novelty been really efficient? How has it changed the judicial practice? Did the business environment improved after the good-faith principle was included into the Civil Code? Or do decent people just act in good faith as they have always done, while crooks have become more inventive? Is the business community satisfied with good faith qualifications applicable to the parties to administrative and judicial proceedings?

How much should the good-faith qualifications applied to an entrepreneur, on one part, and to a consumer, on the other part, differ? Or maybe, no stronger and weaker parties to legal relationships should be determined for the purpose of a good-faith assessment, and all stakeholders should be equal from the point of view of good-faith standards?

How does European civil laws protect the good-faith principle? In English common law the principle is not worded as a legal provision, however, any person failing to act in good faith is deprived of protection. So, what are the legal instruments pursuant to the English common law, that provide for the same effect as in the continental civil law?

Moderator:

Nataliya Rasskazova

Acting Dean of the Faculty of Law - Head of Civil Law Department of the Faculty of Law, St. Petersburg State University

Speakers:

Eli Gervits

President, Eli Gervits Law Offices

Aleksey Chichkanov

Executive Vice-President - Head of the Public-Private Partnership Centre, Gazprombank

Alexander Konovalov

Minister of Justice of the Russian Federation

Denis Novak

Deputy Director of the Department of the Economic Legislation, Ministry of Justice of the Russian Federation

Lyudmila Novoselova

Chairman, Court for Intellectual Rights of the Russian Federation

Michael Swainston QC

Barrister, Brick Court Chambers


*This schedule may be subject to change