Sąžiningumo principas prievoliniuose teisiniuose santykiuose

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Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Lietuvių kalba / Lithuanian
Sąžiningumo principas prievoliniuose teisiniuose santykiuose
Alternative Title:
Principle of good faith in the law of obligations
In the Journal:
Jurisprudencija [Jurisprudence]. 2013, Nr. 20 (4), p. 1368-1390
Prievolių teisė; Civilinis kodeksas; Bona fides; Sąžiningumo principas.
Law of obligations; Civil code; Bonna fides; Principle of good faith.
Summary / Abstract:

ENThe authors pay attention to the principle of good faith, which has an exclusive place in the private law in foreign states and Lithuania. This principle takes its beginning in the Roman law and has paramount value in contemporaneous civil law. Obviously, a significant role in defining the content of this principle is played by legal philosophy. Therefore, the article reveals the most important philosophic theories for an appropriate determination of the content of good faith. The abundance of foreign doctrinal practice and a long-termed usage give the evidence of importance and significance of its application. The principle of good faith is explicitly mentioned in a number of civil codes and is being used in judicial decisions. Although, this principle plays a crucial role in the legal practice in Lithuania: it is expessis verbis entrenched in the Civil Code of Lithuania and is frequently used by the courts. However, this common civil law principle has not been studied with an appropriate attention. The comprehension of good faith was analyzed by Rolandas Balčikonis in his dissertation “Fundamental breach on contract according to Civil Code of the Republic of Lithuania” and in the Commentary of the Civil Code of the Republic of Lithuania. The principle has not been compared with the application of this principle in the foreign states. The contemporaneous problems of this subject show the fact that the content of this principle changes, according to the alterations of social relations. Moreover, the content of this principle has not been comprehensively defined and the analyses of the judicial practice always have a great importance. [From the publication]

1392-6195; 2029-2058
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2020-04-04 22:06:26
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