Category of good faith in civil and competition law

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The article raises the problems of legislative consolidation of the principle of good faith in civil and competition law. The versatility of the category of good faith is revealed, which explains the absence of uniform criteria for defining the concept of good faith in the theory of civil law. It is concluded that in each individual case, the concept of good faith will have a different content, depending on which of the numerous legal aspects of the category of good faith is subject to consideration. Its versatility allows the legislator to use the category of good faith (bad faith) both when establishing legal consequences that are not related to bringing a person to responsibility (in the case of reclaiming property from a bona fide acquirer), and in the case of bringing a legal entity to responsibility. The role of the category of good faith in competitive relations is demonstrated. It is concluded that the principle of good faith underlies both institutions of competition law - both the institute of legal regulation of monopolistic activity and the institute of legal regulation of unfair competition. In this regard, it is proposed to legislatively recognize that the integrity of business entities is one of the fundamental principles of competition law, including the institution of antimonopoly regulation, and such an understanding of it should be reflected in the current competition legislation.

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Principle of good faith, presumption of good faith, competitive relations, unfair competition, antimonopoly regulation

Короткий адрес: https://sciup.org/147235816

IDR: 147235816   |   DOI: 10.14529/law220113

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