Formación en el Derecho romano y en la tradición romanística del principio de la buena fe y su proyección en el Derecho comunitario europeo

Abstract

The historical projection of the Roman-Law concept of bona fides in European private law is evident in terms of both its subjective purpose and its objective formulation as a general principle. Its historical continuity is manifested in intermediate law through the Ius Commune by the work of canon law specialists and commentators with the doctrinal and jurisprudential drafting of the ius mercatorum. Another decisive boost to its role as an integrating principle of the legal system came with its positivization in the Codification. This cannot be observed however in Common Law, although English jurisprudence is integrating more and more European Union directives that bring good faith into different aspects of the English legal system, such as in consumer rights. Specifically in European contract law, EU legislation reminds us of the importance of good faith as a key factor for ensuring the harmonization of law in this field.