UNELE REPERE AXIOLOGICE ALE BUNEI-CREDINŢE ŞI GRADUL VALORIFICĂRII EI ÎN DREPTUL POZITIV
SOME AXIOLOGICAL REFERENCES OF GOOD FAITH AND THE DEGREE OF ITS VALUATION IN POSITIVE LAW

Summary/Abstract: The good faith, a concept that founded of the humanist thought of antiquity and in whose content the moral and institutional values of historical law merged, is still far from having received the recognition of modern positive law which, as we shall see, has paid far too little attention to the consistency and complexity of its value foundations. Precisely this contrast between its prodigious historical content and what the notion represents in normative law brings with it the problem of the axiological purification of law, asking to what extent the notion serves the legal sciences and above all society. This is why this paper aims to analyse the degree of valorisation of good faith in modern positive law, not before reviewing the overall evolution of the notion in the context of the moral values that have determined its content and purposes.

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