Stručni rad
https://doi.org/10.31141/zrpfs.2019.56.133.705
Conscientiousness and honesty in court practice
Ivana Đuras
; Ustavni sud Republike Hrvatske
Sažetak
Since antiquity obligations in Roman law were protected by lawsuits, (actiones bonae fidei), if they were based on the principles of good faith (bona fides - and fairness – aequitas). Both then and today, in adjudicating such lawsuits, the judge must examine all the facts and circumstances that have accompanied the conclusion of the legal transaction in order to make a valid and lawful legal conclusion. The following article presents some current case law examples, which show the conduct of ordinary courts in deciding on compulsory relations in the context of the principle of conscientiousness and honesty, and shows selected decisions of the Constitutional Court of the Republic of Croatia that covered the issue of conscientiousness and honesty in obligatory relations through the prism of fundamental, constitutionally guaranteed, human rights and the assessment of possible violation thereof.
Ključne riječi
conscientiousness; honesty; bona fides
Hrčak ID:
225702
URI
Datum izdavanja:
27.9.2019.
Posjeta: 2.987 *