MODALITĂȚI DE EXPRIMARE A BUNEI-CREDINȚE ÎN DREPTUL CONTRACTUAL ROMAN

Abstract

Good faith is an advanced concept of legal technique, which highlights the relationship between law, morality and religion. Although in ancient times law was strongly influenced by religion, the express manifestation of good faith in contractual relations was not necessary, because it was known that heads of families, as priests of the family cult, could not commit acts outside of religion and morality. At the beginning of ancient times, legal acts were rare, and the Romans, having no legal experience, did not know the principles of the real will of the parties and good faith. However, the development of society required the participation of more people in legal relations, including sons of the family and foreigners. The former had access to civil law acts and were under the authority of the sons of the family, unlike the latter, who could not do this. Therefore, the co-contractors no longer had, in full, the guarantee of the morality of the heads of families. The problem was solved by creating contracts and actions of good faith, which had the effect of enshrining the principle of the real will of the parties and contributed to the development of "Roman business law".