HOW DO THE PRINCIPLES OF GOOD FAITH AND GUILT RELATE TO EACH OTHER? DOES VIOLATION OF THE PRINCIPLE OF GOOD FAITH ALSO MEAN THE PRESENCE OF GUILT? COMPARATIVE ANALYSIS IN THE LAW OF THE RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY

Shchepkina Valerya

In this article the author examines the correlation between the institute of good faith and guilt in the law of Russia and Germany. There are two presumptions in civil law: presumption of guilt and the one of good faith. The author notes that these presumptions are not mutually exclusive. Thus, the answer to the question of their correlation can be found both in judicial practice and in doctrine. Despite the fact that many of the institutions were adopted by the Russian legislator from Germany, there are some key differences between the institutions in the Russian Federation and the Federal Republic of Germany. For example, the principle of good faith in Russian law is used for the purposes of judicial protection, while in Germany it is a general principle applicable outside of court proceedings. Moreover, this principle in Germany is not statutory, which allows the courts to interpret it as broadly as possible, with an eye on justice and good morals.

Keywords:good faith, guilt, Russia, Germany, presumptions, civil law