Formation of principles of justice and good faith in Roman private law

نویسندگان

چکیده

In addition to the traditional methods of analogy law and lex, application recommended clarifications higher specialized courts, role principles justice, good faith reasonableness, which by their properties can serve as a fundamental, universal optimal basis for modeling decision based on specific civil case.
 Roman is formation source Romano-Germanic type`s legal system, including creation tort liability. Tort obligations compensate victims property losses caused committed offense (delict), very first type since origin, were introduced lawyers.
 The purpose study was carry out retrospective analysis genesis development justice in private law.
 article provides essence liability law, taking into account periodization its development: archaic period, republican imperial period. It established that evaluative principles: enforcement activities, — have firstly appeared law. noted principle (aequitas) most often applied when it necessary resolve contradiction between non-standard case, through reasonable reconciliation justified opposing interests spirit this institution an innate sense (aequitas naturalis).
 There no integral consolidation concept sources existence such evaluation confirmed only practice, solving casual cases. reasonableness meaningful manifestation exists today not finally formed This subsequent reception

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ژورنال

عنوان ژورنال: Analìti?no-porìvnâl?ne pravoznavstvo

سال: 2023

ISSN: ['2788-6018']

DOI: https://doi.org/10.24144/2788-6018.2022.06.61