The centrality of the Roman bona fides in the matter of obligations and contracts in China and Latin America: Notes for a research
DOI:
https://doi.org/10.5944/rduned.33.2024.41932Keywords:
Good faith; Roman Law; Chinese Law; Latin-American Law; obligations and contractsAbstract
This work aims to provide some points of reflection on the role of the principle of objective good faith in the matter of obligations and contracts, both with regards to Roman Law as well as to its evolution in the law of non-European countries inspired by the Roman Law tradition, with a particular attention dedicated to the codification phenomenon in China and Latin America, through extensive references to the historical, comparative, legislative and doctrinal elaboration of which this concept has been the object over the years. The main aim of this essay is to verify the vocation of the Roman Law to be a universal law, capable of bringing very distant civilizations into contact with each other, such as the Chinese and Latin American ones.
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