Pregled bibliografske jedinice broj: 1204496
The principle of good faith as legal and moral standard
The principle of good faith as legal and moral standard, 2021. (ostali članci/prilozi).
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Naslov
The principle of good faith as legal and moral
standard
Autori
Zeko, Magdalena ; Novak, Blaženka ; Sobočan, Martina
Vrsta, podvrsta
Ostale vrste radova, ostali članci/prilozi
Godina
2021
Ključne riječi
bona fides, moral norms, the principle of good faith, civil obligations, fair trial
Sažetak
The paper deals with the principle of good faith from a legal, ethical, and linguistic aspect. The existence and application of this principle is compared in different branches of law, legislation, judiciary, and legal practice in general. The concretization of this principle in the provisions of the Civil Obligations Act, the General Tax Act, the Companies Act and some other acts and positive regulations as well as its application in the judiciary is analysed. Some solutions are elaborated from the ethical aspect, and the impossibility and logical contradiction of insisting on this principle in individual cases is commented on. The expression of the principle itself is considered from the linguistic aspect, both chronologically and diachronically, and the nomotechnical analysis of the inclusion of the notion of good faith in Croatian legal terminology is given. A part of the paper gives an overview of the application of the principle of good faith in the legislations of the countries from which Croatia has taken certain legal solutions, as well as the etymology and method of translation from English and German. The paper also looks at the correlation of terms with terms of Roman law, i.e. with translations from Latin. In conclusion, the paper argues on the need to review the adequacy of recent definitions of this principle in modern legal texts and the need for its contextualization in accordance with current codes of ethics and deontological rules on the basis of which it is necessary to redefine the scope of the good faith legal principle. The paper also emphasizes the views of the authors who themselves question the adequacy of the principle of good faith in certain legal provisions.
Izvorni jezik
Engleski
