GOOD FAIT AS A CONDITION OF THE PROTECTION OF THE PARTICIPANTS OF INVALID BARGAIN
The article is devoted to debatable questions about the principle of good faith as a condition of the protection of rights and legal interests of the participants of invalid bargains in common provisions of the institution of invalidity of bargains. The author points out that there are a number of doctrinal and law enforcement problems related to the interpretation and application of the rules of good faith in the situation of invalidity of bargains, which are primarily related to the delineation of the provisions of Art. 166 and the definition of the content of Art. 167 of the Civil Code of the Russian Federation. The variants of resolving practical and theoretical questions discussed in the article were proposed by virtue the legal nature of invalid bargains. The author comes to conclusion about the absence the difference between the good faith behavior of the participants of void and voidable bargains from the position of their dynamics. The possibility of the existence of a consistent approach to the definition of good faith of the participants of void and voidable bargains is proved.