THE PRINCIPLE OF GOOD FAITH IN EUROPEAN INTERNATIONAL TRADE

The processes of integration and harmonization of European contract law are the positive tendencies in the modern development of different national legal systems. The general principles of law should become the unifying elements of the modern European contract law; one of those principles is the principle of good faith. Therefore, the purpose of this Master's Thesis was to research understanding of the principle of good faith in the European and international legislation and legal practices; the focus was made in the contract law and international trade. The theory part of the research, which performed after orientation to the subject and identification of the theoretical backgrounds, is based on literary research and overview of national legislation and legal practices of European countries. It presents the study of historical development of the principle of good faith, the analysis of understanding of the principle in legal doctrine, and the overview of differences and similarities in the legislative consolidation and the application of the principle of good faith among European counties. Eight European countries were analyzed; the countries were chosen from different legal families, due to specialties in the understanding of the principle of good faith. In the practical part, the principle of good faith was researched in the light of the European and international legal acts, the judgments of the European Court of Human Rights, and preliminary rulings of the European Court of Justice. About 60 cases of European courts and 13 legal acts were analyzed in the study to obtain sufficient amount of information. The judgments were grouped in accordance with the way of application of the principle of good faith. Such grouping helped to detect the conditions of application and the elements of the content of the principle of good faith. With the collected and analyzed information it was possible to determinate the common core in understanding of the principle of good faith in international trade and contract law, to give comprehensive definition for the principle, to define its elements, grounds and conditions for application. In addition the national specifics in understanding of the principle were identified. This research can be used as a doctrinal base for the regulatory developments in national legal systems and for national legal practices, for example, for the renewals of Civil Code in Russian legal system. Keywords: the principle of good faith, contract law, European law, international law, harmonization, justice, morality