Начело савесности и поштења у неким уговорним односима наследног и породичног права
The Principle of the Conscientiousness and Honesty in Some Contractual Relations in the Inheritance and Family LAw

Author(s): Slobodan Panov, Miloš Stanković
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Moral;The principle of conscientiousness and honesty;Blatant injustice;Martial Law;Parental Law;Marriage contract;Lifetime support contract;Contractual inheritance;
Summary/Abstract: The authors analyze the principle of conscientiousness and honesty, as one of two fundamental principles of civil law, which is also reflected in the specific contractual relations of the Inheritance and Family Law, which is the focus of this research. Considering the fact that the principle of conscientiousness and honesty is based on the value of morality, which is not only the basis of this principle, but also the basis of permissible and valid contractual relations and counterbalance the principle of the autonomy of the will, the authors carry out a three-step analysis.The first part of the paper defines the principle of conscientiousness and honesty in abstracto, but also in concreto, in the sphere of Inheritance and Family Law, and then explains how moral values are conditiones sine qua non for the existence and application of this principle. The second part of the paper analyzes a specific contract for life support from case law, while the third part gives a scientific, theoretical overview of how this principle is manifested, inter alia, in the field of Marital and Parental Law.The authors conclude that one of the potential ways of overcoming the possibility of misuse of the principles of conscientiousness and honesty could be the introduction of the institute of contractual inheritance in the legal systems of states in the territory of the former Yugoslavia. Through this institute not only that the considered contractual relations of the Inheritance and Family Law are summarized and shaped in the relation of harmony, but it also achieves a fine balance against the competitive principle of the autonomy of the will.

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