Ackermann's above-cited review focuses on the second of Bernstein's proposed rules. However, even the first ("axiom of identity") is broken. Gentling tweaking the language, this axiom reads:
$(\star)\quad$ If $M_1$ is a subset of $M$ and there is no proof in our system that $M_1\not= M$, then $M_1=M$.
(FWIW, with my philosophy hat on the least gentle aspect of this tweaking is my shift from "no proof can exist" to "there is no proof," but I don't think this ultimately affects my point.)
No version of this can possibly work as long as this axiom itself is included in "our system" (which I'll call $\mathsf{B}$). By the diagonal lemma, we can produce formulas defining sets $X_1,X$ such that the system in question proves the appropriately-expressed statement $$X_1=\{y\in X: \mathsf{B}\vdash X_1\not=X\}.$$ Whoops. If we want to avoid diagonalization, just pick some sentence $\theta$ independent of $\mathsf{B}$ and consider $$X=\{1,2\}, X_1=\{x\in X: x=1\vee \theta\}, X_2=\{x\in X: x=1\vee\neg\theta\}.$$ Bernstein's rule $(\star)$ would demand $X_1=X_2=X$, giving a contradiction.
And while considering the "our system" in $(\star)$ as applying only to $\mathsf{B}\setminus(\star)$ fixes this problem, it also prevents Bernstein's desired application.
Stepping back a bit, the whole idea of a "default assumption" present here is much trickier to implement than it may first appear; while obvious now, in the late 30s when Bernstein was writing this wasn't yet fully understood.