The concept and functions of the presumption of good faith of participants in entrepreneurial legal relations

• Vronskaya M.V.

  M.V. Vronskaya. Vladivostok State University of Economics and Service. Vladivostok. Russia

• E. O. Vasilenko

  Limited liability company «Port В«VeraВ». Vladivostok. Russia

Abstract. The article contains the norms of law, acts of interpretation and legal doctrine that reveal the concept, essence and purpose of the presumption of good faith, enshrined in article 10 of the Civil Code of the Russian Federation. The ideological meaning of legislative
consolidation of the presumption of good faith is revealed. Examples of legal-technical and legal-practical significance of the presumption are given. It is considered how this legal category affects the subjects of entrepreneurial legal relations. Having analyzed the legal
norms containing the definition of "good faith" in the context of corporate relations, the authors reveal approaches to understanding the category of «good faith», as well as the functions of one of the key presumptions of civil law. In particular, procedural and protective
functions are analyzed and illustrated with examples. An example is given when a presumption can serve as a way to fill gaps in law. And also conclusions were made regarding the relevance of the presumption, taking into account the increasing cases of abuse of the
right by participants in entrepreneurial legal relations.
Keywords: legal presumption, good faith, abuse of law, business legal relations, individual entrepreneurs, participants in business companies.