Zbornik, Vol. 34 No. 2, 2013.
Pregledni rad
IMMORALITY(CONTRA BONOS MORES) AS THE REASON FOR INVALIDITY OF CONTRACTS
Mirella Rodin
; Općinski sud u Rabu
Sažetak
This paper will use historical and comparative method to explore the meaning and purpose of the clause „contra bonos mores“. It will present different theoretical and legal structures of this concept and give specific examples. The results of this research together with analysis of the domestic legal practice will help to achieve an aim of this paper and find the meaning of concept „moral of society“ in Croatian contract law by formulating criteria for its use and distinction from other related concepts and so to reduce legal uncertainty. Also, the results of this paper will contribute to better understanding of the problem of impossibility to define concept „contra bonos mores“ on European and global level, which has resulted in adopting the new concept of „fundamental principles of law“ in European Lex Mercatoria, by which, the principle of freedom of contract is not anymore limited by abstract concept of morality, but by the fundamental principles on which applied iura novit curia.
Ključne riječi
principle of freedom of contract; contra bonos mores; moral of society; invalidity of contracts; fundamental principles of European Union member states
Hrčak ID:
119418
URI
Datum izdavanja:
19.12.2013.
Posjeta: 7.310 *