BUNA CREDINȚĂ ȘI ABUZUL DE DREPT ÎN CODUL CIVIL ROMÂN
GOOD FAITH AND ABUSE OF RIGHTS IN THE ROMANIAN CIVIL CODE

Summary/Abstract: Every law system is governed by fundamental principles of law, common to all branches of law, same as the Romanian legal system, category in which is included the good-faith as well, legally regulated in the content of the 14th article of The Civil Code. Based on moral values, derived from Roman law and adopted by the majority of states, the principle of good-faith and its applications are still a real debate subject for all the legal advisers, magistrates, lawyers and other legal specialist form Romania and other countries, despite of its longevity. In the Romanian Civil Code in force, the goodfaith principle has a very close connection whit the abuse of rights notion, an unused notion in other law systems, that has a poor definition at present and no sanction, but it’s used in the Romanian jurisprudence only by reference to the principle of good faith, reason why its applicability created an uneven practice among the courts. The study of abuse of rights and good faith, has been approached in Romanian doctrine, but there are few works that have been entirely dedicated to this subject. Thus, the regulation offered by the Romanian Civil Code provides a guideline, but it is not edifying regarding the meaning and application of this notion. This article represents a debating toping, on which my PhD scientific work is based, through I want to improve the interpretation and applicability of the two fundamental notions, Good Faith and Abuse of Rights in the Romanian law system.

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