Abstract

FACCO, Javier Humberto. Oportere ex fide bona. A decisive construction of roman jurisprudence. Rev. Derecho Privado [online]. 2013, n.24, pp.17-41. ISSN 0123-4366.

Once secularization of ancient fides was accomplished, we can see the emergence of a construction, the technical equivalence of which seems to materialise in the particular field of judicial process. Fides is labelled with the qualifier bona. Since then the term bona fides was to become a procedural feature, a quality of certain actions in which the intention of the formula was structured based on oportere ex fide bona. The core of these actions was represented by synallagmatic contracts, the binding force of which was founded on the consent and belonged to the sphere of international trade (ius gentium). But still, beyond its praetorian implementation, the clausula quidquid dare facere oportet ex fide bona was mainly a jurisprudential development, outcome of Roman jurists' genius. They created a significant number of solutions for issues related to the effectiveness of consensual contracts, which even now are still regarded as derived from good faith and fair dealing. The main purpose of this paper is to regain the relevance of the roll the jurists must play to make Law to fit social reality.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )