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The correlation of the principles of freedom of contract and the faithful implementation of subjective civil rights

Mikhailenko Nafiset Muradinovna  (candidate of legal sciences, senior lecturer, North-Caucasian branch of VBGOVO "Russian state University of justice")

the author is criticizing the need to consolidate the "honesty" as a General principle of implementation of civil rights and duties. From the point of view of Treaty law, the introduction of the requirements of good faith in the conclusion and performance of the agreement will significantly limit the possibilities of realization of a principle of freedom of contract.

Keywords:freedom of contract, confinement at the conclusion of contracts, the basic principles of civil law, conscientious behavior of participants of civil legal relations, the concept of good conduct, morality and ethics, judicial discretion in disputes about the assessment of the integrity of behaviour of counterparties.
 

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Citation link:
Mikhailenko N. M. The correlation of the principles of freedom of contract and the faithful implementation of subjective civil rights // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2016. -№12. -С. 87-91
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