Noţiunea de bună-credinţă în Codul Civil modernizat. Între trecut și modernitate [Articol]

Abstract

The present study aims to analyze the notion of good faith starting from the definition contained in the modernized Civil Code of the Republic of Moldova. The comments included in the Draft Common Frame of Reference (DCFR), which constituted one of the sources of inspiration for the legislator when elaborating the current modifications. Although laws have the purpose of regulating rather than defining, it is recommended even from the point of view of the legislative technique to avoid the abundance of definitions, classifications, exhaustive listings, which, on the one hand, make them more difficult as content but on the other hand, there is the risk of omitting certain aspects, however, as regards good faith, the norm contained in art. 11 par. (1) modernized Civil Code is more than a norm ̶ definition, it is a norm that highlights all the attributes of good faith, without whose knowledge the application of the principle becomes cumbersome. The specificity of the concept of good faith is determined by its complexity and by the multitude of institutions with which it tangents, thus justifying its definition, a fact also sustained in the DCFR comments, in which it is mentioned [1, p.136] that it is useful to define the good -belief at an early stage, given that many of the following model rules refer to it. Indeed, the elucidation of the particularities of the concept by a general norm, conditions the proper application of the subsequent norms related to the first.