Réflexions sur la bona fides et la mala fides dans la tradition du droit romain

Good faith has often been discussed in the science of Roman law, from the emergence of fides publica in the Early Republic until the generalisation of good faith in all obliga- tions in the Early Modern continental ius commune. In this article, we stress that it had no religious dimension in Antiquity. A judgment e bona fide meant that the judge had to take all former relations between litigants in account. The association of bona fides with Christian faith and ethics is due to the medieval canonists. The continental generalisa- tion of good faith as applying to all obligations was a consequence of the nationalisa- tion of the consistory courts by the monarchs of the Early Modern Times.

Publication year:2018

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Authors from:Higher Education

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