Buna-credinţă – principiu fundamental al dreptului civil [Articol]

Abstract

The current version of the Civil Code uses the term „good faith” about 100 times. But the choice of this topic was not dictated solely by the fact that the new regulations in the Civil Code pay greater attention to good faith. The term good – faith does not have the same meaning, the Civil Code using it as a principle, but also as a presumption. The doctrine also holds the idea that good faith is both a presumption and a principle of civil law. Some authors argue that good faith is to be analyzed in an objective and subjective sense. In the following, we will be concerned about the principle of good faith in binding law which can rightly be attributed after 1 March 2019 to the basic principles of civil law.