Corelaţii între infracţiunea de înşelăciune şi principiul bunei-credinţe din Noul Cod Civil
Correlations Between the Offence of Deceit and the Bona Fide Principle Regulated by the New Civil Code

Summary/Abstract: The specific regulation of bona fide as a general principle in the New Civil Code will allow for a correct interpretation of this concept, both in the civil framework, as well as in the effects and influences it has on criminal law in the case of the offence of deceit. This is required for any analysis of acts of deceit, which will have to be made through the perspective of civil regulations, in order to determine whether the conditions of the offence as described in article 215 of the Criminal Code are met; in order for that to be accomplished, an appreciation of the offender’s lack of bona fide is necessary, as an objective standard of conduct that should exist within any contractual agreement. Aside from its effects on a civil level, the violation of bona fide also has consequences on criminal liability, with the possibility of being sanctioned as an offence of deceit, according to article 215 of the Criminal Code, which requires the existence of trust and bona fide between the contracting parties in order to function normally. In the case of the offence of deceit, a new development is the difficult position courts of law are placed in, as they will have to establish whether the standards imposed by bona fide, as it is regulated by the New Civil Code, were abided by.

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