Good faith in civil law and its subsumption in criminal law

Abstract

Thus, in the presented scientific article, we have tried to analyze the principle of good faith, on the example of some norms of both civil and criminal law. The method of comparative analysis helped us to suppress good faith from civil law to criminal law with norms such as: voluntary surrender of a crime, sincere and affective repentance. Good faith as a social-psychological and moral phenomenon is often criticized if its doctrinal explanation is based on the etymology of good faith. It is based on its basic notion of conscience, which is directly related to the material world. The legislature does not provide a definition of good faith in any article of the Civil Code, which in our opinion is also a legislative gap. Furthermore the paper discusses some of the legislative recommendations and innovative approaches by the author to the definition of good faith in the norm of voluntary surrender of a crime.