Problematic Issues of the Application of the Principle of Good Faith in the Civil Law of the Russian Federation and Vietnam

The article provides a comparative legal analysis of the principle of good faith in the performance and termination of contractual obligations in the civil law of the Russian Federation and the Socialist Republic of Vietnam. The subject of the study is the content and application of the principle of good faith by the parties to the contract in two legal systems. The methodology is based on comparative legal, systemic and formal legal methods: regulatory acts (civil codes of Russia and Vietnam), judicial practice and doctrinal sources are studied. Scientific novelty lies in comparing the approaches of two different legal systems (Russian, influenced by the European continental tradition, and Vietnamese, formed under the influence of the socialist and French traditions) to the implementation of the principle of good faith. General trends are revealed, such as recognition of good faith as a fundamental principle and the requirement of honest behavior of the parties at all stages of the obligation, as well as differences, for example, in the degree of specification of this principle in legislation and its practical implementation by the courts. The findings confirm that in both countries the principle of good faith plays a key role in ensuring fairness and stability in civil transactions: parties must act honestly and reasonably when executing contracts and terminating them, not abuse their rights and cooperate with each other. In Russian law, this principle is legislatively enshrined and detailed by judicial clarifications, which provide, in particular, for the inadmissibility of deriving benefits from bad faith behavior. In Vietnamese law, the principle of good faith is also proclaimed as a general rule of conduct for participants in civil legal relations at all stages of the contract, although its wording is more general. Examples of judicial practice and doctrinal opinions of famous scholars are given, confirming the importance of the principle of good faith in both Russia and Vietnam, and the need for further clarification of the criteria for good faith behavior for effective law enforcement is emphasized.

1. Белов В. А. Добросовестность, разумность, справедливость как принципы гражданского права // Законодательство. – 1998. – № 8. – С. 3–8.

2. Кушнарев А. А. Нравственные понятия добросовестность и разумность в правовом применении // Апробация. – 2016. – № 7 (46). – С. 152–153.

3. Панина С. Д. Принцип добросовестности в гражданском праве современной России // Научный лидер. – 2024. – № 46 (196). – С. 52–61.

4. Gribanov V. P. The Principle of Good Faith in Soviet Civil Law. – Moscow : Nauka, 1986.

5. Nguyễn Minh Hằng. History and Philosophy of Vietnamese Contract Law // International Business Law Journal. – 2010. – No 4. – P. 345–357.

6. Phan Nhật Minh. Some Legal Issues in Vietnamese Civil Code 2015 Regarding Civil Obligations and Contracts // Vietnamese Journal of Legal Science. – 2017. – Vol. 4. – P. 112–123.

7. Vu Van Mau. Cours de Droit Civil Vietnamien : Vol. 2. – Saigon : Imprimerie La Boi, 1963.