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Record W4410406545 · doi:10.17223/22253513/55/12

Good faith in civil law: legislation, doctrine, case law

2025· article· en· W4410406545 on OpenAlexaboutno aff
L.V. Shchennikova

Bibliographic record

VenueVestnik Tomskogo gosudarstvennogo universiteta Pravo · 2025
Typearticle
Languageen
FieldSocial Sciences
TopicConflict of Laws and Jurisdiction
Canadian institutionsnot available
Fundersnot available
KeywordsLawDoctrineLegislationCivil law (Civil law)Political scienceGood faithFaithCommon lawPublic lawPhilosophyTheology

Abstract

fetched live from OpenAlex

The purpose of this publication is to provide a comprehensive analysis of the current civil legislation, legal doctrine, and modern case law with regard to the understanding of the obligation of good faith and its implementation in the practice of property relations between participants in civil turnover. In this context, the author sets the following objectives: to evaluate the results of the modernization of codified civil legislation from the perspective of this requirement; to construct a collective image of the category of good faith as an outcome of scholarly inquiry; and to demonstrate, using specific examples from both Russian and foreign case law, the challenges of applying this requirement in the texts of adopted judicial decisions. The article is based on the analysis of publications by Russian and foreign civil law scholars, including researchers from the USA, Germany, Canada, South Africa, and Nigeria. In the course of the study, general scientific methods were employed, including analysis, synthesis, induction and deduction, comparison, and abstraction, as well as specific legal methods, including comparative legal analysis, systemic interpretation, and legal modeling. The article arrives at the following conclusions: 1. Since good faith, in a broad philosophical sense, consists in preserving human dignity, attentiveness to the higher aspirations of the spirit and life, the scholarly exploration of this concept carries significant educational value. It inspires new generations to engage in scientific inquiry and to uphold and enrich moral ideals. 2. It can be stated that the objective of modernizing civil legislation—namely, the consistent incorporation of the principle of good faith into its content—has been achieved. 3. In its positive form, which characterizes the behavior of participants in civil transactions, good faith encompasses the requirements of honesty, trust, benevolence, truthfulness, diligence, impartiality, integrity, humanity, solidarity, and equality. In its negative form, good faith implies a prohibition on obtaining unjust advantages and on abusive conduct by participants in civil turnover. 4. The obligation of good faith enables contracting parties, with the assistance of judicial authorities, to prevent the imposition of excessively broad obligations by the other party—particularly in cases involving financial institutions. It also protects implied or ancillary obligations, including those arising from the nature of the transaction, and serves to strengthen the stability of contracts that conform to moral standards and good conscience. 5. In the absence of a precise statutory definition, the concept of good faith possesses ethical value, allowing courts to remedy instances of injustice on a case-by-case basis and serving as a general guiding principle for the development of civil legislation.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.985
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.002
Science and technology studies0.0010.001
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.011
GPT teacher head0.277
Teacher spread0.266 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2025
Admission routes1
Has abstractyes

Explore more

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