  travin-gd-vestnik-2021-3.pdf |
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- Notion of good faith in European Court of Justice practice as a regulatory instrument for civil matters in the European UnionGeorgiy D. Travin
- Travin G.D. Notion of good faith in European Court of Justice practice as a regulatory instrument for civil matters in the European Union. Vestnik of Kostroma State University, 2021, vol. 27, № 3, pp. 249–256 (In Russ.). https://doi.org/10.34216/1998-0817-2021-27-3-249-256
- DOI: https://doi.org/10.34216/1998-0817-2021-27-3-249-256
- УДК: 347.97
- Publish date: 2021-08-18
- Annotation: This article analyses construction and application of the “good faith” concept by the European Court of Justice. Historically having played an important role in the national law of the EU member states the term functions with a similar but not identical purpose on the supranational level within the European Union law. Topicality of the referenced practices is based on the EU’s leading role in the general globalisation and unification of substantive law. After an analysis of the European Court of Justice judgements constructing EU Secondary law provisions which refer to “good faith” the role said construction plays in regulation of civil matters in the European Union as a supranational authority is outlined. Case law on matters concerning consumer protection and intellectual property are analysed and a conclusion on probability of applying foreign practices to Russian law is made.
- Keywords: good faith, European Union Secondary law, construction, European Court of Justice judgements, consumer law matters, intellectual property law matters
- Literature list: Vorozhevich A.C. The limits of the exercise of exclusive rights to the standard-required patented objects and software. FRAND conditions [Limits of exercising exclusive rights to objects reserved by standart essential patent and software. FRAND terms]. Zhurnal Suda po intellektualnim pravam [Journal of the Intellectual Property Rights Court], 2018, № 20, pp. 11–26.