Iudicia bonae fidei
Iudicia bonae fidei is a civil procedure in which the judge has an ex officio obligation to safeguard bona fides, that is, to take into account the parties' conduct demonstrated in their underlying relationship that lead to a dispute that was contrary to the principle of good faith. This duty o...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2014-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
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| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2014/0550-21791402229S.pdf |
| Summary: | Iudicia bonae fidei is a civil procedure in which the judge has an ex officio obligation to safeguard bona fides, that is, to take into account the parties' conduct demonstrated in their underlying relationship that lead to a dispute that was contrary to the principle of good faith. This duty of the judge is based on the praetors' formula: judge oblige the defendant to give or do whatever good faith requires ('quidquid dare facere oportet ex fide bona'). The paper analyzes the much disputed issues of the emergence, legal basis as well as the function of this kind of procedure in Roman law. |
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| ISSN: | 0550-2179 2406-1255 |