THE PRINCIPLE OF GOOD CONSCIENCE IN CIVIL JURISDICTION: FOREIGN EXPERIENCE

Introduction. Such an evaluative category as good faith, when enshrined in the text of normative legal acts, acquires the meaning of the general principles of legal relations. For a better understanding of this category, it is necessary to analyze its content and understanding in different legal systems of the world, since its spread in the legal system of Ukraine takes place in the conditions of integration and globalization processes, which cover not only the socio-economic sphere of social relations, but also the legal one. Goal. The purpose of the study is to consider the peculiarities of the understanding of the principle of good faith in the civil proceedings of foreign countries. Materials and methods. The research materials are: 1) regulatory and legal support for the regulation of the principle of good faith in civil proceedings; 2) judicial practice regarding the application of the principle of good faith in civil proceedings; 3) works of domestic and foreign authors conducting scientific and practical research on foreign experience regarding the principle of good faith. In the process of carrying out the research, the following scientific methods were used: theoretical generalization and grouping (for a general characterization of the approach to the principle of good faith in civil proceedings in the countries of the RomanoGermanic legal system and the Anglo-American legal system); logical generalization of results (formulation of conclusions). The results. The article examines the peculiarities of understanding the principle of good faith in the civil proceedings of foreign countries. The introduction of such evaluative categories as good faith (reasonableness, materiality, fairness) into civil circulation creates the foundations for expanding the scope of enforcement discretion. The approach to the principle of good faith in the national legislation and judicial practice of individual countries differs, mostly depending on the type of legal system. So, in particular, in the countries of the Romano-Germanic legal system, a broader approach to the obligation to observe good faith is used, that is, this obligation extends both to the conclusion of the contract and to its execution. Common law states take a narrower approach, meaning that the duty of good faith applies only to the performance of the contract. These differences also affect the consideration of relevant cases in civil proceedings. According to German legislation, the specific content of the principle of good faith directly relates to the way of fulfilling contractual obligations: the debtor is obliged to fulfill the obligations in good faith, taking into account the customs of civil turnover. The French doctrine expanded the list of situations of application of the principle of good faith, extending it to negotiation relations and performance of the contract, providing for at least two aspects of application: the duty of cooperation and the duty of loyalty.