DOLUS BONUS IN ROMAN AND CONTEMPORARY LAW Cover Image

DOLUS BONUS В РИМСКОТО И СЪВРЕМЕННОТО ПРАВО
DOLUS BONUS IN ROMAN AND CONTEMPORARY LAW

Author(s): Angel Shopov
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: dolus bonus; dolus; deceit; nullification of contract; good intention; commercial puffs; advertising; consumer; (unfair) competition;

Summary/Abstract: This research paper scrutinizes the notion of dolus bonus at the time of Ancient Rome compared to its nowadays' meaning. In addition, the author analyses the ratio between dolus bonus and dolus malus and their importance on the notion of dolus. In contemporary law the problem is often discussed in connection with the deceit as the reason for nullification of contracts. The author sketches the borderline between good intention (dolus bonus) and bad intention/faith (one of deceit's prerequisites). The paper considers other contemporary (Bulgarian, but having EU origin) legislation which puts indirect limitations on good intention, too. Under this legislation dolus bonus should not create any probability on misbelief (as a deceit's prerequisite) or on (material/non material) loss by the addressee.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 919-932
  • Page Count: 14
  • Language: Bulgarian