On the Issue of the Principles of Legality and Good Faith in the Theory of Civil Law

Abstract

The article examines the issues of the necessity of observing the principles of legality and good faith in property relations regulated by civil law, both in property and in corporate and contractual legal relations. The importance and necessity of observing these principles is also proved when resolving civil disputes both in pre-trial and judicial proceedings. In general, the importance of penetrating these principles into all aspects of private law is substantiated, especially into the theory and practice of civil law, its sub-branches and institutions. In general, the importance of the penetration of these principles into all aspects of private law, especially into the theory and practice of civil law, its sub-branches and institutions, is substantiated. According to the author, the categories of legality and good faith are one of the basic categories and fundamental principles in the regulation of civil law relations. The author notes that both judicial authorities and non-judicial conciliators always proceed from the fact that the parties initially acted lawfully and in good faith at the conclusion of the transaction, while the party that does not agree with this is obliged to prove the bad faith, and in some cases the illegality of the actions of the other party. That is why the article argues that when resolving property and other disputes, it is important to establish how lawfully and in good faith one or the other side of the legal relationship acted.