Bona fides exuberans. A New Legal Concept of Twelfth Century Legal Scholarship
Bona fides exuberans. A New Legal Concept of Twelfth Century Legal Scholarship
Author(s): Peter BónisSubject(s): History, Law, Constitution, Jurisprudence, History of Law, 6th to 12th Centuries
Published by: STS Science Centre Ltd
Keywords: bona fides exuberans; ius commune; glossator; societas; Treu und Glauben;
Summary/Abstract: It is said that the dualist interpretation of good faith (bona fides) clearly distinguishes subjective good faith (guter Glaube, goede trouw) from objective good faith (good faith and fair dealing, Treu und Glauben, redelijkheid en billijkheid). When has this new distinction emerged in the legal history? In this paper it is argued that objective good faith was named by the Glossators of the 12th century, who coined the new legal term of bona fides exuberans. This new legal concept has appeared in the 1150’s, and it is probably attributable to Bulgarus.
Journal: Journal on European History of Law
- Issue Year: 7/2016
- Issue No: 2
- Page Range: 97-101
- Page Count: 5
- Language: English
- Content File-PDF