Simulation and good faith: is there a contradiction in terms? Cover Image
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Simulaţia şi buna-credinţă: o contradicţie în termeni?
Simulation and good faith: is there a contradiction in terms?

Author(s): Flavius Antoniu Baias, Flavius Alexandru Boar
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: good faith; bad faith; fictitious transactions; injury; creditors;

Summary/Abstract: The contradictions between the regulation of fictitious transactions and the concept of good faith starts from understanding the latter as expressing a group of virtues including sincerity and consistency. The text therefore deals with the extent to which fictitious transactions, as seemingly obsolete examples of a certain moral compromise, finds its place among the virtuous principles of political correctness expressed in contemporary discourses. In short, the question is whether granting legal effects to fictitious transactions consented by the parties, especially in the comprehensive manner developed by the Civil Code of 2011, should not be considered, in itself, contrary to a more rigorous perspective over good faith, underpinning the sustainable development of human society. This allows for a review of the incidental regulations, at each time, from the standpoint whether good faith in the person concerned is or not a requirement for the applicability of the rule, especially where the text does not expressly provide for it. This perspective also leads to a reasoned position on the morality and the benefits of the current regulation of fictitious transactions.

  • Issue Year: 2020
  • Issue No: 04
  • Page Range: 184-206
  • Page Count: 23
  • Language: Romanian