Buna-credință în cadrul raporturilor contractuale
Good faith in the contractual relations

Summary/Abstract: The study addresses good faith as a uniform, but flexible, multi-faceted concept within contractual relationships. After analyzing the ambivalent character of the concept of good faith, in antithesis to the abuse of law in the form of bad faith and contractual wrongdoing, the study leans on the functions of good faith, which materialize the principle at its institutional and formal dimensions, namely the interpretative function of contracts, the completive, moderating or limitative, and adaptive function. In approaching the contractual illicit and the bad faith, as a basis of contractual liability, the study shows that good faith is a standard in quantifying them, and the legal language of good faith is a supreme norm of the contractual law, in a means of contractual jurisdiction, meant to limit the principle of contractual freedom. The study addresses the contractual loyalty as a subcategory of good faith, as an objective and moral aspect of this concept and the role of good faith as a factor in achieving the contractual balance. On this occasion, there are brought to attention the remedies of the Civil Code oriented towards the revision of the contract and the forms of these remedies, depending on the causes of the imbalances. Equity, as complex and fluid moral concept, which is added to good faith, without being confused with it, is analyzed in the objective dimension, associated with the notion of justice, and in the subjective one, which refers to equality and balance, but also as an instrument to which the judge resorts in order to fulfil the will of the parties in order to establish their rights and obligations, without however altering or distorting the legal act.

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