THE FORMATION OF THE CONCEPT OF GOOD FAITH IN ROMAN LAW

The article examines the evolution of the concept of good faith in the Roman legal system, starting with its origins in ancient legal monuments and ending with its integration into modern legal mechanisms. The author notes that formalism prevailed in the early stages of Roman law, but with the development of economics and trade relations, it became necessary to take into account the actual circumstances and intentions of the parties. The praetorian practice has played a key role in protecting good faith by introducing flexible dispute resolution mechanisms and "bonitarian property" protection options. Important aspects of good faith are analyzed in the context of property and obligation law, as well as inheritance and tort law. Attention is paid to the differences between bona fide and unscrupulous owners, as well as the legal consequences of bona fide ownership. The work also highlights the dual nature of good faith, presented as an objective standard and subjective certainty, which allowed for the formation of universal principles applicable in European law. In conclusion, it is emphasized that Roman law has become the basis for a modern understanding of good faith, demonstrating the ability of law to adapt to socio-economic changes while maintaining a balance between stability and justice

Authors

Publication Details

Journal
Economics Sociology Law
Published
2025-03-31
DOI
https://doi.org/10.22281/2542-1697-2025-04-01-94-101
Citations
1
Primary Topic
Classical Studies and Legal History
Type
article
Field-Weighted Citation Impact
38.00
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article

THE FORMATION OF THE CONCEPT OF GOOD FAITH IN ROMAN LAW

Dmitry Bykov
1 citations
Economics Sociology Law
Classical Studies and Legal History
38.00
article

THE FORMATION OF THE CONCEPT OF GOOD FAITH IN ROMAN LAW

Dmitry Bykov
article en
1 citations

Abstract

The article examines the evolution of the concept of good faith in the Roman legal system, starting with its origins in ancient legal monuments and ending with its integration into modern legal mechanisms. The author notes that formalism prevailed in the early stages of Roman law, but with the development of economics and trade relations, it became necessary to take into account the actual circumstances and intentions of the parties. The praetorian practice has played a key role in protecting good faith by introducing flexible dispute resolution mechanisms and "bonitarian property" protection options. Important aspects of good faith are analyzed in the context of property and obligation law, as well as inheritance and tort law. Attention is paid to the differences between bona fide and unscrupulous owners, as well as the legal consequences of bona fide ownership. The work also highlights the dual nature of good faith, presented as an objective standard and subjective certainty, which allowed for the formation of universal principles applicable in European law. In conclusion, it is emphasized that Roman law has become the basis for a modern understanding of good faith, demonstrating the ability of law to adapt to socio-economic changes while maintaining a balance between stability and justice

Economics Sociology LawVol. 04(01)
Openalex Percentile: Top 1%
Classical Studies and Legal History
38.00
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