RELATION OF CONCEPTS OF «BONA FIDES» AND «ESTOPPEL»

Abstract

Following article was prepared as a part of the work on improving the civil legislation of the Republic of Kazakhstan on the basis of the implementation of the provisions of English law. Issues of the implementation of the provisions of English law into the national legislation were discussed in Kazakhstan during the scientific and practical conferences held in 2015 and 2016.

The civil legislation of Kazakhstan reflects the category of bona fides which acts as a principle of civil law, an evaluation category, a presumption.

Some scientists believe that bona fide as a principle is not enshrined in the Civil Code of Kazakhstan, which makes it difficult to apply to it in practice. Others believe that the lack of regulatory support does not exclude the existence of the principle of bona fide and the possibility of its application.

At the same time, within the framework of carried work a number of elements of English law are included into civil law, one of which is estoppel.

The principles of bona fide and estoppel are similar in their goals and tasks.

The aim of the article is to determine the correlation between the principle of bona fide and the doctrine of estoppel, to evaluate the possibility of including estoppel in the Civil Code of Kazakhstan. To achieve this goal, dialectics, analysis, comparison, synthesis, generalization and the formal legal method are applied.

Attention is paid to issues: 1) the principle of bona fide; 2) the principle of estoppel; 3) legal thinking. Based on the analysis of the mentioned issues and other problems a number of recommendations were developed.

The research results obtained in this article can be used in the legislative work on the improvement of civil legislation in the Republic of Kazakhstan.