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Journal articles on the topic 'Good Faith Principles'

Author: Grafiati

Published: 5 June 2025

Last updated: 2 August 2025

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1

Sentosa, Muhammad Amin, Siti Malikhatun Badriyah, and Yunarto. "Good Faith Principles in International Business Contract Law." International Journal of Law and Politics Studies 5, no. 2 (2023): 27–33. http://dx.doi.org/10.32996/ijlps.2023.5.2.3.

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This study aims to analyze the principles of good faith in international business contract law. The results showed that the principle of good faith is an honest transaction which has 3 main elements, namely: First, good faith and honest transactions as the basic principles underlying the contract; Second, the principles of good faith and honest transactions in the UPICCS (UNIDROIT Principles of International Commercial Contracts) emphasize the practice of international trade; Third, the principles of good faith and honest transactions are compelling. The objective is to encourage the applicati

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2

Roosdiono, Anangga W., Maria Jasmine Putri Subiyanto, and Muhamad Dzadit Taqwa. "THE GOOD FAITH PRINCIPLE IN TRUST AND CONFIDENTIALITY ON THE ARBITRATION PROCESS." Law Review, no. 1 (July 12, 2022): 102. http://dx.doi.org/10.19166/lr.v0i1.5254.

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<p>This article is to demonstrate that the principle of good faith (<em>iktikad baik</em>) manifests in the principles of trust and confidentiality. Not only is good faith one of the key causes of the emergence of a dispute, it also indeed has a great influence on the success of resolving that dispute. Despite its importance, we have found that many disputing parties do not apply this principle to resolve their disputes. Even though, this principle plays a huge part on maintaining trust and confidentiality at the same time. The purpose of this paper is to increase awareness o

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3

Al-Sudani, Mohammed Hussein Mahouder. "Effects of The Principle of Good Faith in Litigation Procedures." International Journal of Law And Criminology 5, no. 2 (2025): 16–22. https://doi.org/10.37547/ijlc/volume05issue02-03.

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There is no doubt that the effect of good faith on the stability of dealings is not denied, as the dominance of good faith negates the causes of anxiety arising from fear of fraud and deception. If we want to clarify this effect in a piece of legislation, we must look at the example of the society addressed by it, and the depth of the moral view and the extent of the penetration of the religious tendency in it, where the impression of the legislative formulation and its influence on these two factors appears clear, and this effect appears more clearly in the scope of application, as the needs

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4

van Eck, Michele. "Good Faith is not Dead: It still Lives after Beadica 231 CC v Trustees, Oregon Trust." South African Mercantile Law Journal 34, no. 1 (2022): 29–51. http://dx.doi.org/10.47348/samlj/v34/i1a2.

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In Beadica 231 CC v Trustees, Oregon Trust, the Constitutional Court provided much-needed clarity on the role of equity principles (fairness, reasonableness and good faith) in contracts, in that the abstract principles found in equity principles will not apply directly to contractual engagements but will apply indirectly by means of public policy considerations. This article illustrates that this default position, as articulated by the Constitutional Court, does not completely exclude good faith in contractual engagements. In fact, good faith is infused in the entire contract lifecycle, starti

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5

Adolf, Huala. "Prinsip Itikad Baik (Good Faith) dalam Hukum Kontrak." BANI Arbitration and Law Journal 1, no. 1 (2024): 26–42. https://doi.org/10.63400/balj.v1i1.3.

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AbstrakKonsep good-faith (itikad baik) sudah menjadi bagian dari setiap sistem hukum di berbagai negara di dunia. Salah satu permasalahan dengan prinsip ini adalah pengertiannya: apa yang dimaksud dengan prinisp ini. Tulisan ini berupaya meneliti dan mendapatkan pengertian yang dapat merepresentasikan pengertian prinsip ini dalam hukum kontrak. Tulisan ini menggunakan metode deskriptif analisis. Bahan hukum yang digunakan adalah berbagai instrumen hukum internasional umumnya seperti Convention on the International Sale of Goods (CISG) dan UNIDROIT Principles of International Contracts, hukum k

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6

Mikheeva, I. E. "Legal features of the regulatory function of the principle of good faith." Courier of Kutafin Moscow State Law University (MSAL)), no. 11 (January 14, 2021): 158–65. http://dx.doi.org/10.17803/2311-5998.2020.75.11.158-165.

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The author analyzes the application of the principle of good faith by courts when considering disputes as a rule of law The article concludes that since good faith is an evaluative concept, there are no criteria for it in the law, when applying the principle of good faith by courts, it is necessary to specify and clarify the criteria of good faith for the consideration of specifi c disputes. Courts form rules, in some cases different from the rules established by the law, after which they are widely applied as rules of law. The paper concludes that the recognition of the possibility of applyin

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7

Soemartono, Gatot P. "Inequality of the principle of utmost good faith in insurance law: Lessons from Indonesia." International Journal of Innovative Research and Scientific Studies 8, no. 3 (2025): 5016–25. https://doi.org/10.53894/ijirss.v8i3.7701.

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This article aims to critically review the existence of the unbalanced application of the utmost good faith principle within Indonesia’s insurance industry. It also examines the implications of the recent Constitutional Court decision, which conditionally declared the utmost good faith in Article 251 of the Indonesian Commercial Law Code unconstitutional. The study employs normative legal research using primary and secondary legal materials, focusing on laws and insurance regulations, case law, court decisions, and legal principles relevant to the research topic. The findings indicate that, de

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8

Bogdanova, E. E. "Diversified Nature of the Principle of Good Faith in Russian Law." Lex Russica 76, no. 10 (2023): 23–35. http://dx.doi.org/10.17803/1729-5920.2023.203.10.023-035.

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In the article, the author examines the processes of changing legislation in Russia that reflect the general trends formed in society. The author concludes that by analyzing the trends in the development of domestic and foreign law, it is possible to predict the main directions of the development of legislation, including specific nature of the application of the principle of good faith.The paper notes that one of the trends that have developed in foreign legal systems is the constitutionalization of private law and the strengthening of the principles of socialization of law, expressed in the

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9

Dwi Atmoko. "PRINCIPLES OF HONESTY IN GOOD FAITH BUYING LAND." Awang Long Law Review 4, no. 2 (2022): 395–400. http://dx.doi.org/10.56301/awl.v4i2.395.

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The land sale and purchase agreement does not rule out the possibility of a third party claiming that the land is his. Land issues often lead to long-term conflicts between communities and between communities and legal entities. Controversy about this land seems to be endless and always happens in this world, because human demand for land always increases along with population growth. In this study the author is interested in researching about how the application of the principle of good faith in the sale and purchase agreement of land? The type of research used is normative juridical and empi

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10

Lando, Ole. "Is Good Faith an Over-Arching General Clause in the Principles of European Contract Law?" European Review of Private Law 15, Issue 6 (2007): 841–53. http://dx.doi.org/10.54648/erpl2007048.

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Abstract: In this article, O. Lando investigates if good faith can be considered an overarching principle in European contract law. It looks at the principle from a historical and comparative law perspective. In all continental European countries a general principle of good faith can be found. The principle is also encountered in the Principles of European Contract Law, the Unidroit Principles of Commercial Contracts and, to some extent, in the Vienna Convention on the International Sale of Goods. However, in English law good faith is not treated as an over-arching principle, although the prin

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11

Creţ, Daniela Cristina. "Certain Issues Concerning the Romanian Regulation of the Good Faith Principle in Civil and Civil Procedural Matters." Journal of Legal Studies 18, no. 32 (2016): 28–38. http://dx.doi.org/10.1515/jles-2016-0016.

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Abstract One way for individuals and legal entities to pursue legitimate rights and/or interests is the judicial path. The civil proceedings as a form of settling civil litigations is governed by different principles. Among these stands out the principle of good faith, which involved the exercise in good faith of rights in both civil and procedural matters, the exercise in good faith of procedural rights, a principle which has gained new meanings after the entry into force of the new Code of Civil Procedure, as well as the new Civil Code.

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12

Sattari, Ebrahim Shoarian. "Observation of Good Faith Principle in Contract Negotiations: A Comparative Study with Emphasis on International Instruments." Australian Journal of Business and Management Research 03, no. 09 (2013): 56–61. http://dx.doi.org/10.52283/nswrca.ajbmr.20130309a06.

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Good Faith is one of the important principles in contract law. This principle is inherited from Roman law and it has been mostly developed in civil law system. Observation of Good faith and Fair dealing in French and German law and many other countries is considered as legal obligation. Good faith, also, is of special stand In Chinese law of contract. Since Good faith is considered as important and valuable, it has been recognized in Common Law System and adopted in English and American law. Islamic law also contains numerous examples of obligations that are based on Good Faith principle. Nowa

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13

Abrosimov, Anton V. "Special Aspects of Application of the Good Faith Principle in Russian Civil Law." Advocate’s practice 2 (May 2, 2024): 2–7. http://dx.doi.org/10.18572/1999-4826-2024-2-2-7.

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This article is devoted to the consideration of the meaning and role of the good faith principle in Russian civil law. The good faith principle is one of the well-known and widely used principles in civil law of Russia. In the text, the positions of scientists and law enforcement practice using the good faith principle are considered, the approaches developed by domestic and foreign legal doctrine in relation to it are analyzed, the legal essence of the good faith principle is examined, and a theoretical and practical analysis of this legal concept is carried out. A small comparative legal ana

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14

Mulhadi, Mulhadi, and Dedi Harianto. "Utmost good faith principle in Indonesian insurance law as a legal reason to harm the insured party." Insurance Markets and Companies 13, no. 1 (2022): 81–89. http://dx.doi.org/10.21511/ins.13(1).2022.07.

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The principle of utmost good faith has been recognized as one of the essential principles in insurance, and its practice in other countries has been fairly applied to both parties. It is suspected that this insurance principle in regulation and its implementation in Indonesia only burdens one unilateral. Therefore, this study aims to prove the allegation that the principle of utmost good faith favors only the insurer and its application in dispute resolution directed at harming the insured party. This study uses a case study approach, with five insurance legal cases in the form of court decisi

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15

Halberda, Jan. "The principle of good faith and fair dealing in English contract law." Pravovedenie 64, no. 3 (2020): 312–25. http://dx.doi.org/10.21638/spbu25.2020.301.

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Given that continental civil law scholarship applies the concept of good faith in either a subjective (honesty in fact) or objective sense (good faith and fair dealing), the present article focuses on the latter one. The traditional view in England and Wales discards the recognition of a general principle of good faith and fair dealing in English law. English courts have adopted a piecemeal solutions approach (as shown by the judicial decisions issued in Interfoto Picture Library (1987) and Walford v. Miles (1992)). Meanwhile, the principle in question, along with the concept of the freedom of

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16

MOSKALENKO, Anastasiia, and Mariia KHOMENKO. "The meaning of good faith in marriage and family relations." Economics. Finances. Law 4/2025, no. - (2025): 20–24. https://doi.org/10.37634/efp.2025.4.4.

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Introduction. Family relations are not only regulated by legal norms but are also deeply rooted in moral values, traditions, and social principles. The concept of good faith plays a fundamental role in ensuring justice, preventing abuse, and fostering harmonious relationships between spouses, parents, and children. However, in practice, conflicts often arise when one of the parties disregards this principle, prioritizing personal interests over fairness and mutual respect. The purpose of the paper is to analyze the principle of good faith in marital and family relations, explore its legal cons

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17

Shutenko, Oksana. "APPLICATION OF THE PRESUMPTION OF GOOD FAITH IN CIVIL PROCEDURAL LAW, LEGAL PROCEEDINGS AND NOTARIES." Slovo of the National School of Judges of Ukraine, no. 1-2(38-39) (November 21, 2022): 142–50. http://dx.doi.org/10.37566/2707-6849-2022-1-2(38-39)-13.

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The universality of one of the fundamental presumptions – good faith – should be explored in various fields of law. The relevance of this study is as follows: at the ideological and philosophical level – overcoming the separation of branches of law and creating an understanding of law as a whole, at the practical level – improving the legal system and clarifying the features of this presumption in regulating different groups of legal relations. Based on the presumption of good faith, any behavior is regarded as positive, so the very fact of harm is regarded (presumed) automatically as dishones

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18

Haryanti, Tuti. "Itikad Baik dalam Perjanjian Jual Beli dengan Metode Pembayaran Cash on Delivery." Jurnal Ilmiah Penegakan Hukum 8, no. 2 (2021): 113–20. http://dx.doi.org/10.31289/jiph.v8i2.5126.

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This article aims to discover the essence of good faith in a sale and purchase agreement using the Cash on Delivery payment method. Cash on Delivery is a payment method that is in demand by many buyers, because payment is made when the goods are received. Problems arise when the seller has good intentions in sending the goods according to the order but the buyer refuses to make payment without reason. This type of research is qualitative with the type of normative research. The legal material is analyzed qualitatively by presenting theory, logical principles, to obtain scientific results that

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19

Dollar, Dollar, and Khairul Riza. "Penerapan Azas Itikad Baik dalam Transaksi Jual Beli Online demi Mewujudkan Kepastian Hukum." Jurnal Ilmiah Hukum dan Hak Asasi Manusia 1, no. 2 (2022): 77–85. http://dx.doi.org/10.35912/jihham.v1i2.1339.

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Abstract: Purpose: To determine the legal regulation of the principle of good faith in the implementation of online buying and selling transaction agreements, and to find out the application of the principle of good faith in online buying and selling transactions in order to realize legal certainty. Method: used is normative juridical research through literature study with an approach to legislation and books. Result: The research is that the legal regulation of the principle of good faith in the implementation of online buying and selling transactions is regulated in Article 530 of the Civil

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20

Parfenyuk, N. V. "PRINCIPLE OF ACHIEVEMENT IN THE PRISM OF NORMS LEGISLATION ON THE CONTRACT SYSTEM." Ex jure, no. 4 (2019): 76–87. http://dx.doi.org/10.17072/2619-0648-2019-4-76-87.

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Abstract: in a contractual relationship with the participation of the state, good faith is declared as a necessary norm of behavior both on the part of the state in the person of state customers and on the part of procurement participants. However, the legislator does not develop this principle in existing norms, does not correlate it with other principles of the contract system and does not indicate its criteria. The above not only complicates the implementation of the principle of good faith as a legal regulatory instrument, but also complicates the creation of an understandable law enforcem

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21

Asshidiq, Muhammad, and Muhammad Farid Alwajdi. "Penerapan Asas Itikad Baik dalam Transaksi Jual-Beli Tanah (Studi Putusan Nomor 13/Pdt.G/2018/PN Bar)." Ahmad Dahlan Legal Perspective 3, no. 1 (2023): 63–78. https://doi.org/10.12928/adlp.v3i1.7661.

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The purpose of this study is to find out how the application of the principles of good faith in land transactions, and be more specific to analyze how the application of a good faith principle between the seller and the buyer on rule number 13/ PDT. G/2018/ pn bar.The method of research used was normative-law research, with law enforcement approaches and case approaches. The research uses primary and secondary and tesier legal sources. This study the authors concluded that in land transactions in case number 13/ PDT. G/2018/ pn bar raised the issue because one party had deviated from the princ

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22

Kusumastuti, Dora, and Sutoyo Sutoyo. "The Principles of Good Faith in E-Contract Financial Technology." JURNAL AKTA 11, no. 4 (2024): 1282. https://doi.org/10.30659/akta.v11i4.40060.

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This research discusses the Principle of Good Faith in E-Contract Financial Technology, which is a relatively new type of agreement in Indonesia. An e-contract can be formed when there is an agreement or mutual consent between the parties involved in the contract during its drafting. The existence of an e-contract is a new development in modern contract types, requiring appropriate regulation based on clear legal foundations. However, in practice, current regulations are not yet able to fully protect the parties involved in e-contracts. Therefore, in the creation of e-contracts, it is necessar

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23

Tymoshenko, A. S. "Application of the principle of good faith in proving cartel agreements аt tenders". Russian competition law and economy, № 1 (30 березня 2020): 26–31. http://dx.doi.org/10.32686/2542-0259-2020-1-26-31.

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The article discusses the issues of interpretation and applicability in competition law and in antitrust law enforcement practice of the civil law principle of good faith. The theoretical view of the concept of good faith as incompatible with the nature of public law is criticized.The law enforcement practice in cases of violation of antitrust laws by participants of anticompetitive agreements was studied, which influenced the formation of key judicial positions related to assessing compliance with the principle of good faith by bidders. According to the results of the study, it was concluded

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Panizzon, Marion. "Fairness, Promptness and Effectiveness: How the Openness of Good Faith Limits the Flexibility of the DSU." Nordic Journal of International Law 77, no. 3 (2008): 275–99. http://dx.doi.org/10.1163/157181008x323984.

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AbstractThe World Trade Organization Appellate Body has drawn from international legal principles to intensify the normative impact of good faith duties vaguely described in Articles 3(10) and 4(3) of the Dispute Settlement Understanding. In the context of the Appellate Body's repeated rejection of good faith principles in the “substantive” WTO law of the General Agreement on Tariffs and Trade, the General Agreement on Trade in Services and the Agreement on Trade-Related Aspects of Intellectual Property Rights, the development of “procedural” good faith adjudication stands out. Relating proced

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25

Zadyraka, Nataliia. "The Principle of Good Faith as the Principle of Implementation of the Administrative Procedure." Problems of legality, no. 163 (December 28, 2023): 68–79. http://dx.doi.org/10.21564/2414-990x.163.291191.

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The relevance of the topic is due to the fact that one of the fundamental principles of the administrative procedure is the principle of good faith, which has become both a reflection of the law enforcement need that has arisen in the process of judicial and regulatory practice, and the result of scientific developments carried out and the search for argumentation to determine the optimally necessary list of fundamental principles of publicity and management legal relations. The purpose of the article is to establish the content and essence of the principle of good faith as a principle of admi

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Zadyraka, Nataliia Yu. "The Principle of Good Faith as the Principle of Implementation of the Administrative Procedure." Problems of legality 163 (2023) (December 28, 2023): 68–79. https://doi.org/10.21564/2414-990X.163.291191.

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The relevance of the topic is due to the fact that one of the fundamental principles of the administrative procedure is the principle of good faith, which has become both a reflection of the law enforcement need that has arisen in the process of judicial and regulatory practice, and the result of scientific developments carried out and the search for argumentation to determine the optimally necessary list of fundamental principles of publicity and management legal relations. The purpose of the article is to establish the content and essence of the principle of good faith as a principle of admi

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27

Castronovo, Carlo. "Information Duties and Precontractual Good Faith." European Review of Private Law 17, Issue 4 (2009): 559–71. http://dx.doi.org/10.54648/erpl2009037.

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ABSTRACT: This article deals with the relationship between information duties and the good faith principle within the Draft Common Frame of Reference (DCFR). After an introduction regarding the origin of the Common Frame of Reference (CFR) and its end, the author explains the meaning of the concurrence between the Principles of European Law (PEL) and the acquis communautaire. Both of these sources deal with precontractual duties although at a different level. Whereas the PEL set up a general duty to act in good faith during negotiations, on this point the acquis concentrates on duties of infor

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Halkevich, S. V. "Formation of principles of justice and good faith in Roman private law." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 337–42. http://dx.doi.org/10.24144/2788-6018.2022.06.61.

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In addition to the traditional methods of analogy of law and analogy of lex, the application of the recommended clarifications of higher specialized courts, the role of the principles of justice, good faith and reasonableness, which by their properties can serve as a fundamental, universal and optimal basis for modeling a decision based on specific civil case. Roman law is the formation source of the Romano-Germanic type`s legal system, including the basis for the creation of tort liability. Tort obligations to compensate victims of property losses caused by a committed offense (delict),

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I Gusti Ngurah Muliarta. "The Principle of Good Faith in the Sale and Purchase Agreement of Rights Made Before a Notary." Community Service Journal of Law 1, no. 1 (2022): 44–48. http://dx.doi.org/10.55637/csjl.1.1.4477.44-48.

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In an agreement, good faith plays an important role, because with the good faith shown by the parties in making an agreement, the parties will feel protected. In the land sale and purchase agreement made before a notary, the seller has an obligation to provide honest information about the condition of the land to be sold and nothing is covered up. Likewise, the buyer must check the location of the land to be purchased carefully, to find out in advance whether the purchased land can be built or not. This study will examine and analyze the principle of good faith in legal provisions, especially

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Mazur, Ivan K. "The concept of integrity in civil law: a review of existing approaches." Vestnik BIST (Bashkir Institute of Social Technologies), no. 3(64) (September 30, 2024): 125–31. http://dx.doi.org/10.47598/2078-9025-2024-3-64-125-131.

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The article is devoted to the analysis of the institution of good faith in Russian civil law. The author considers both subjective conscientiousness (based on excusable ignorance) and objective (the principle of conscientiousness). Various approaches to understanding the principle of integrity, its emergence and relationship with morality are considered. The author provides several points of view at the time of the emergence of the principle of good faith in Russian law, and also discusses disagreements about its legal nature and specific application. The work focuses on the fact that good fai

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Brisov, Yu V. "Implementation of the Doctrine of Good Faith (Bona Fides) in Corporate Legal Relations." Actual Problems of Russian Law 1, no. 12 (2020): 70–80. http://dx.doi.org/10.17803/1994-1471.2019.109.12.070-080.

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Good faith (bona fides) is presented in the Civil Code of the Russian Federation as a general principle and presumption. In resolving corporate disputes, the courts are governed by general principles of good faith. However, corporate relations have a specificity due to, inter alia, the variety of corporate forms. It can be assumed that the application of good faith provisions should also vary taking into account the characteristics of corporate patterns, the types and forms of corporate relations, subjective internal corporate circumstances. Common law countries have developed a system of good

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Wulandari S, Lestari. "Perlindungan Hukum Terhadap Pembeli Beritikad Baik dalam Sengketa Kepemilikan Tanah." Jurnal Sosial Humaniora dan Pendidikan 4, no. 1 (2025): 276–88. https://doi.org/10.55606/inovasi.v4i1.4302.

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Land ownership disputes are a common legal issue in Indonesia and often disadvantage buyers who act in good faith. A good faith buyer is someone who enters into a transaction based on trust in the seller’s legal ownership without knowledge of any legal defects. This study aims to analyze the forms of legal protection available to good faith buyers in land ownership disputes. The research uses a normative juridical method with a statutory and case approach based on court decisions. The findings show that although the nemo plus iuris principle prioritizes legal ownership, good faith buyers can s

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Amayreh, Osama Ismail Mohammad, Izura Masdina Mohamed Zakri, Pardis Moslemzadeh Tehrani, and Yousef Mohammad Shandi. "The Principle of Good Faith in the Palestinian Civil Code Draft and Its Role in Maintaining Economic Contractual Equilibrium at the Pre-Contracting Phase." Journal of Politics and Law 12, no. 3 (2019): 113. http://dx.doi.org/10.5539/jpl.v12n3p113.

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The jurisprudential and judicial legal trend tends to apply the principle of good faith at the pre-contracting phase as one of the most substantial principles governing this phase, since it is inconceivable that the parties are to negotiate in bad faith, and then must implement the contract in good faith, in accordance with the traditional legal rule that &ldquo;fraud spoils everything it touches&rdquo;. However, the Palestinian legislature has ignored enacting legal provisions obliging the parties to abide by the principle of good faith in the pre-contracting phase causing a legislati

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Zaytseva, N. V. "THE PRINCIPLE OF GOOD FAITH AND ITS IMPACT ON THE CLASSIFICATION OF LEGAL BONDS." Вестник Пермского университета. Юридические науки, no. 49 (2020): 476–501. http://dx.doi.org/10.17072/1995-4190-2020-49-476-501.

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Introduction: this article looks into the matter of how the principle of good faith, as applied in different legal systems, impacts the legal bonds between commercial entities, depending on whether such bonds actually exist or not, and in the context of classification of key contractual terms. Being essentially abstract, the principle of good faith can be interpreted in different ways from a legal perspective and, therefore, may entail different legal consequences, which, on the one hand, can close the legal and contractual gaps but, on the other hand, can give rise to legal uncertainty and de

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35

Burdin, M. Yu, and A. H. Baibak. "Good faith as a legal category." Uzhhorod National University Herald. Series: Law 1, no. 85 (2024): 26–32. http://dx.doi.org/10.24144/2307-3322.2024.85.1.3.

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The article provides a general description and defines the legal nature of the category ‘integrity’. It is noted that currently in Ukrainian jurisprudence, theoretical and applied issues of good faith in law are reflected in a number of provisions of civil and administrative law. However, such an approach is somewhat narrow and does not allow us to see the whole picture which reveals all the features of the phenomenon under study. The author makes a correlation between law and morality. The author provides the definitions of the category ‘good faith’ given to this concept by various researcher

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Kusmiati, N. Ike. "Legal Standing of Pre-Contractual Good Faith Principle as a Law Reformation of Indonesian Contract Law." International Journal of Science and Society 2, no. 1 (2020): 73–85. http://dx.doi.org/10.54783/ijsoc.v2i1.61.

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Good faith plays an important role in a contract since it holds a dominant position either during pre-contractual phase or when a contract is executed. However, pre-contractual good faith in Indonesian Civil Code is not recognized as such there is no legal assurance. In fact in pre-contractual stage, the parties already put some investment based on trust and hope, however, they faced dead end and they did not reach an agreement. This was tinted with the fading of wall between two major legal systems: Common Law System and Civil Law System as a result of dynamic in business relation involving c

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Ashri Maunah, Nur, Bambang Sunargo, and Erlina Puspitaloka Mahadewi. "Application Of The Utmost Good Faith Principle In Life Insurance Business Management In Indonesia." International Journal of Science, Technology & Management 4, no. 4 (2023): 924–30. http://dx.doi.org/10.46729/ijstm.v4i4.844.

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The study focused on the purpose of this writing is to find out the application of the principle of utmost good faith in life insurance. The research method used in this study is to use data collection methods in library research or library research. In this literature study the author obtains the materials and library materials needed by studying books, writings, journal citations and statutory and legal products that are related to the subject matter according to topics in Indonesia so that it can be concluded that: first, legal principles in insurance coverage include insurable interest, ut

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Amalia, Rizky, Hilda Yunita Sabrie, and Widhayani Dian. "The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia." FIAT JUSTISIA:Jurnal Ilmu Hukum 12, no. 2 (2018): 170. http://dx.doi.org/10.25041/fiatjustisia.v12no2.1306.

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Applying the principle of good faith in the choice of law is one of the most common problems of international business contract, particularly in foreign direct investment contracts. The implementation of the principle of good faith in the choice of law increasingly reduced by the emergence of some problems in the investment contract, which of course, the most aggrieved entities are domestic investors who also host country. The choice of law has an important role in the contract because it concerns the interests of each of the parties, and the principle of good faith as a priority principle of

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S, Bhuvaneswari. "Principles of Virtue in Siddha Literature." International Research Journal of Tamil 4, S-19 (2022): 583–87. http://dx.doi.org/10.34256/irjt224s1986.

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Siddhars brought many goods to the society and they have subtle intelligence. Siddhars what is good and what is not good for the welfare of the world. They have good thoughts. Siddhars paved the way for the people to win humanity through their songs. The foremost principles of Siddhars are the abolition of caste and opposition to superstitions. Siddhars controlled their wandering mind by their faith in God. Siddhar songs are written with the intention of reforming the society. This article is about the virtues that have been discussed in Siddha literary songs.

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Gaydulin, Oleksandr, and Iryna Sharkova. "Implementation of the good faith principle in civil legislation: issues of recodification." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 233–37. http://dx.doi.org/10.36695/2219-5521.4.2020.41.

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The article is devoted to one important problem of recoding of the civil legislation in Ukraine – the process of further implementationof the Good Faith principle in Civil Code.It was generally accepted that the important step towards the modernization of the governing civil law is the re-codification oflegislation in force. It is for this purpose that Concept of modernization of the Civil Code of Ukraine (Recodification) was publishedby the end of 2020.The overall analysis of the Concept of modernization points to one important conclusion. The document involves it’s probablythe recodification

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Nursyamsiah, Ayu, Saharuddin Daming, and Latifah Ratnawaty. "Legal and Human Rights Review of The Implementation Of Prenuptial Agreements Based On The Principles Of Propriety, Fairness and Good Faith." JURNAL MAHASISWA YUSTISI 1, no. 2 (2023): 7–12. https://doi.org/10.32832/jurmayustisi.v1i2.573.

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Prenuptial agreement one of the legal tools that can be used to defend the rights of husband and wife, they have opportunity to be open to each other, express opinions, agreed wishes and do not harm. Article 1338 of the Indonesian Civil Code and Article 1339 of the Indonesian Civil Code, are absolute in accordance with the principles of propriety, justice and good faith. Problem statement: stakeholders' views on the implementation of prenuptial agreements based on propriety, justice, good faith and human rights, and the principles of propriety, fairness and good faith can be applied in prenupt

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Glebovsky, Ya A. "The Content of the Principle of Bona Fides in Family Law." Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki 165, no. 6 (2024): 76–88. http://dx.doi.org/10.26907/2541-7738.2023.6.76-88.

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This article unveils the content and scope of the principle of bona fides in the Russian family law. The implied duty of good faith in the property and non-property aspects of family relations was analyzed. This is important because legal scholars have traditionally attributed it to one of the basic principles of civil law and thus understudied its role within family law. Here, it was defined how the principle of bona fides applies specifically to family law, particularly to what regards property and non-property implications.The use of the principle of bona fides in court hearings on family d

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Dwirama Wiguna, I. Made Ananda, and I. Nyoman Bagiastra. "Concrete Form of Legal Protection Against Buyers in Good Faith in The Buy and Buy of Land." West Science Interdisciplinary Studies 2, no. 07 (2024): 1343–49. http://dx.doi.org/10.58812/wsis.v2i07.1056.

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The principle of good faith receives less attention than other principles in civil law literature. This study aims to determine how buyers who buy and sell land in good faith are protected by the law. The normative legal research methods used in this study are utilized. One concrete form of legal protection for buyers who act in good faith is that if a judge decides that the buyer is a buyer who acts in good faith, he or she must also decide the status of the sale and purchase that has taken place. These are the findings of the research study that are the subject of the discussion. Is the sale

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Bagheri Varge Saran, Ali, and Parvin Akbarineh. "GOOD FAITH AS THE COMMON CORE OF PRE-CONTRACTUAL INFORMATION DISCLOSURE IN THE IRANIAN LAW AND THE PRINCIPLES OF EUROPEAN CONTRACT LAW." Revista do Curso de Direito do UNIFOR 15, no. 1 (2024): 246–60. http://dx.doi.org/10.24862/rcdu.v15i1.2013.

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Even with the advancements in information technology at the present times, the challenges triggered by information non-disclosure or asymmetric information at some stage in the conclusion of contracts between two parties are still the crucial issue in contractual relations, in a way that the main reason for the invalidation or termination of contracts has been failure in pre-contractual information (PCI) disclosure. To manage this problem, jurists have advocated and developed the duty of disclosure using multiple legal bases. Exploring such bases accordingly reveals that the principle of good

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Simanjaya, Ary. "INDONESIA'S GOOD FAITH PRINCIPLES IN INTERNATIONAL ARBITRATION AND GOOD GOVERNANCE IN NATIONAL INVESTMENT." Jurnal Impresi Indonesia 4, no. 6 (2025): 1867–79. https://doi.org/10.58344/jii.v4i6.6527.

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Republic of Indonesia as a country open for investor who want to invest, this shown through Indonesia's willingness to bound by Bilateral Investment Treaty (BIT) with related countries and agreements require investment in Indonesia. Indonesian Government act towards the presence foreign investors is intended, so there's no discrimination against domestic investor through investment law, other law related to investor business, and agreements between countries as basis investment in Indonesia. Behind of Indonesia's welcoming and openness to foreign investment, Republic of Indonesia has faced the

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Fedorenko, Yurіі S. "IMPLEMENTATION OF PRINCIPLES IN SEPARATE PROCEEDINGS." Bulletin of Alfred Nobel University Series "Law" 1, no. 8 (2024): 57–64. http://dx.doi.org/10.32342/2709-6408-2024-1-8-6.

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The article examines the implementation of the principles in separate proceedings. It was determined that disputes considered in separate proceedings have their own special procedural form. On the one hand, separate proceedings are characterized by general principles of law, branch, and not only economic, but also civil, administrative proceedings, it is also proposed to highlight special principles specific to separate proceedings. Some principles of judicial proceedings are analyzed and their features specific to separate proceedings are determined. Separate proceedings, like other court pro

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Djatmiko, Agoes, and Elisabeth Pudyastiwi. "PROTECTION AND PRESERVATION SEA ENVIRONMENT IN INTERNATIONAL LAW PERSPECTIVE." Jurnal Komunikasi Hukum (JKH) 6, no. 1 (2020): 185. http://dx.doi.org/10.23887/jkh.v6i1.23469.

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Protection of the marine environment within the framework of international law is actually an accumulation of The Principle of National Sovereignity and The Freedom of High Sea. The International Maritime Organization (IMO) states that "a right on the part of an astat threatened with the environmental injury from sources beyond its territorial jurisdiction, at least where those sources are located on the high seas, to take reasonable action to prevent or abate that injury ". The general principle of good neighbor liness can be found in international customary law as well as in Article 74 of th

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Volos, A. A. "Difficulties in Principle of Good Faith Implementation in the Conditions of Digitalization of Civil Turnover." Lex Russica 76, no. 6 (2023): 128–37. http://dx.doi.org/10.17803/1729-5920.2023.199.6.128-137.

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The author examines the essence, features of implementation, and prospects of transformation of the content of the good faith principle in connection with the need to regulate civil relations in the digital environment. In particular, based on historical and doctrinal aspects, the author concludes that the good faith principles appliesin the context of current legislation. The author claims that this category is a principle of civil law, despite the doubts of some researchers. At the same time, conscientiousness is the most important evaluation category of domestic civil law, elevated to the r

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Ginzburg, Irina. "Application of the Principle of Good Faith by Courts: A Comparative Legal Study." Journal of Foreign Legislation and Comparative Law 20, no. 4 (2024): 83. https://doi.org/10.61205/s199132220030637-6.

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The principle of good faith plays an important role in the legal order of any state. Its content and practical implementation may raise questions, but its importance for ensuring fairness in legal relations is undeniable. Despite the complexity and abstractness of the principle of good faith, its practical significance is great: a party that commits dishonesty in its actions may be denied, in whole or in part, the protection of its rights, which will ensure, among other things, the protection of the interests of the bona fide party. It is extremely important to study foreign experience in appl

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Akyuwen, Rory Jeff. "Tanggung Jawab Penjual Yang Beritikad Tidak Baik Dalam Transaksi Online Dengan Sistem Pembayaran Cash On Delivery." KANJOLI Business Law Review 1, no. 1 (2023): 9–19. http://dx.doi.org/10.47268/kanjoli.v1i1.9800.

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Cash on Delivery (COD) systems that do not want the goods that have been ordered to be inspected. a good faith seller will certainly allow the goods to be inspected by the buyer. one of the legal principles in civil law, namely the principle of good faith, requires that every legal action in any form including electronic transactions must be based on good faith. what if it happens that the seller in bad faith deliberately sends goods that are not suitable but the recipient is not allowed to check before being paid. the research method used in this research is normative juridical research type,

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