Pavlenko D. Principle of Good Faith in Contractual Obligations

The thesis is dedicated to studying the principle of good faith in contractual relations. The expression, the role and the place of the principle of good faith in Roman civil law, in law of countries of continental and common law systems, in international private law is investigated in the paper. One of the main objects of the thesis are also the term and legal nature of the principle of good faith in the civil law of Ukraine. In the thesis are determined and investigated the compositions (examples, cases) of good faith conduct of parties at different stages in dynamics of contractual relations: within pre-contractual negotiations; during the stage of conclusion of a contract and determination of clauses thereof; also during fulfillment of a contract. The compositions of good faith conduct are classified on general compositions relevant for all contractual relations and special compositions which are relevant for specific types of contractual relations. Some of such compositions are analyzed in the thesis, particularly whose which are related to contract of joint activity, lease contract, transportation and insurance contracts, contract agreements, agent agreements, contracts on property trust management etc. Formulated the conclusion on realization of the principle of good faith in contract law, which is based on effect of functions of this principle within contractual obligations, namely regulatory, complementary and interpretation functions. Propositions regarding improvement of the civil legislation of Ukraine are formulated.