Аннотация
The actual problems of execution of the civil-law obligation are considered, taking into account the principle of conscientiousness. The authors analyze the novels of the law of obligations regarding the implementation of this principle. It is established that the new version of the articles of the Civil Code of the Russian Federation on the fulfillment of the obligation is aimed at ensuring the stability of the civil turnover, taking into account the interests of the persons participating in the obligation. It is noted that the principle of good faith is a known counterweight to the norms of freedom of contract. There are several approaches of the legislator to the use of rules of good faith in the norms on the performance of the obligation. Based on the analysis of judicial and arbitration practice, the importance of judicial discretion is emphasized in determining the nature of the behavior of the parties and its consequences. The possibility of the court on its own initiative to discuss the issue of the nature of the conduct of the parties to contractual relations when considering the dispute between them is underlined. Civic — legal consequences are set forth in the norms of the obligation law, which can be applied in case of unfair conduct by one of the parties to the contract. It is noted that when the court chooses the legal consequences of the unfair conduct of participants of civic — legal obligations, criteria should be used, the list of which should be defined in the current legislation.