RESPECTAREA PRINCIPIULUI DE BUNĂ-CREDINȚĂ ÎN CONTEXTUL DIGITALIZĂRII ACTELOR JURIDICE

Abstract

Civil relations are in constant development, and laws are required to meet the challenges of providing a constant current regulation of them. The need for digitization of civil legal documents, conditioned by the current stage of development of civil legal relations, determined the operation of some important changes within the civil legislation. In general, any modernization brought to the legislative framework does not affect the applicable fundamental principles at the concept level, as long as they are not in contradiction with the new trends in the development of society. In the same way, the principle of good faith, through the modernizations brought to the Civil Code didn’t undergo conceptual changes, new norms are aimed to strengthen the importance of the principle and raise its degree of applicability to another level. The obligation to respect the principle of good faith by the participants in civil legal relations inevitably remains valid, but the necessary requirements to be met in order to correspond to the behavior of the standard are of course to be adapted. The change in the circumstances of the conclusion of legal acts, such as the situation of contracts concluded at a distance, requires the introduction of certain additional protection measures for the contracting parties, and their observance exactly outlines a behavior assimilated to a good faith co-contractor.