Repere ale bunei-credințe în dreptul contractual nordic și român. Scurt exercițiu de drept comparat
Benchmarks of good faith in Nordic and Romanian contract law. Brief comparative law exercise

Summary/Abstract: Although the concepts of good faith and equity do not have an exhaustive regulation in nordic law, paradoxically, they have created a stable and predictable business environment through the valuable benchmarks developed by the doctrine and case law.From both a moral and pragmatic perspective, nordic law has identified a general principle of law (the principle of loyalty) and specific obligations of good faith in contracts, which clarify the application process of an extremely flexible codification.A legislative framework of only 8 pages generates the most stable markets in Europe, proving that not necessarily the most elaborate regulations provide the highest degree of predictability and clarity in business life, but, ultimately, regardless of the degree of detail in the legislation, the efficiency of contracts is primarily determined by the good faith of the parties involved.This research represents a comparative law exercise aimed at identifying and analysing the functions of the principle of good faith in the extensively codified romanian law, while reflecting on the functions of good faith in nordic law, where codification is extremely succinct. Through comparative analysis, this research seeks to explore a paradox that should invite romanian legal professionals to reflect, suggesting that the proper execution of a contract is rooted more in the sedimentation of fundamental principles rather than in an abundance of legislation.Case law studies show that in the romanian legal system, as well as in the nordic system, the factual situations arising during the execution of a contract can be so diverse that, no matter how detailed the codification of contractual law is, romanian courts often invoke the implications of good faith in order to provide legal resolutions for increasingly dynamic and atypical circumstances.

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