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“Cooperation as a criterion of good faith: is it possible to demand a refusal to satisfy a claim or its reduction if the creditor did not cooperate?” — Tatyana Tereshchenko for

A remark about practical theory.

The principle of good faith is included among the principles of civil law (article 1 of the Civil Code of the Russian Federation). The good faith necessary to exercise the rights and their protection, as well as in the performance of duties under risk of prohibition to derive any advantage from unfair conduct (clauses 3, 4, article 1 of the Civil Code).

The attribution of good faith to the principle means that any obligation (its statics and dynamics) must be evaluated through the prism of compliance with the idea of good faith of any action that forms its content.

In other words, even if the creditor making a claim against the debtor is formally correct (its claim is based on the condition of the contract, the violation of which was committed by the debtor), this does not exclude the use by the debtor of the reference to the bad faith of the creditor's actions as a method of protection.

However, this is not a reference to bad faith as a speculative tactic. It is more about the fact that any obligations must be performed not only in accordance with the letter of the contract, but also in accordance with the meaning of the essence of the rights and obligations established by the parties and the purpose of the obligation.

Similarly, a creditor may think about dishonesty if the debtor fulfilled the obligation so that it is formally fulfilled, but why the creditor's interest is not secured (everything is individual, but if you exaggerate, you can give a simple example: the parties agreed to transfer the service in a box, but did not agree on the specifics of delivery, so the box came whole, but with a damaged service).

In other words, integrity is a measure of civil relations and a practical tool.

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