Section A VISIBILITY OF THE „BONA FIDES” PRINCIPLE WITHIN THE FRAMEWORK OF COMPANY LAW. AFFECTIO SOCIETATIS
Section A VISIBILITY OF THE „BONA FIDES” PRINCIPLE WITHIN THE FRAMEWORK OF COMPANY LAW. AFFECTIO SOCIETATIS

Summary/Abstract: This study puts under scrutiny the visibility of the „bona fides” principle as part of company law, more precisely, the element specific to the company entities „de iure” or even „de facto” – „affectio societatis”. The natural question to ask in any scientific endeavour is the following: is it necessary to theoretically explore the concept, which has become a principle, of good faith in law, i.e. „bona fides in iure”? What is the practical usefulness of investigating 'good faith' today, when artificial intelligence and automation tend to overshadow, to the point of 'suppression', the psychological, emotional element that has been specific to the human being since the beginning of his existence?Beyond any controversy concerning the conceptual or institutional framework, „affectio societatis” is a subjective element of a volitional nature present in any associative structure constituted by the will of at least two natural or even legal persons (will expressed in the decisions of the statutory governing bodies), a will which takes the form of the intention „animus” of associating to form a company with or without legal personality, in other words, „de jure” or „de facto”. The intention, the subjective will of associations to associate means, in essence, the idea of collaboration in carrying out an activity, with the aim of obtaining benefits (results) which they share, bearing losses equally. The bond that is formed between the partners even from the previous phase of the establishment of a company is based on trust which is the basis of the intention, the will, to associate, i.e. „affectio societatis”.

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