Features Of The Implementation Of The Principles Of Good Faith, Reasonableness And Justice In Roman Private Law

  • O.S. Oliinyk
Keywords: Roman private law, reception of Roman private law, legal relation, fairness, reasonableness, justice, ethics, estimation categories.

Abstract

The article deals with and analyzes the basic, fundamental legal categories of «fairness», «reasonableness» and «justice» from the point of view of their current legal understanding and significance for the modern civil law of Ukraine, as well as the peculiarities of their application in Roman private law.

Taking into account the estimated, abstract nature of the investigated concepts, we state the diversity of scientific opinions regarding the understanding of the essence and content of good faith, fairness and reasonableness as the general principles of civil justice. Therefore, it is an important historical legal experience that gives an idea of what initial content was laid in the concepts under study and what stages of its development and improvement they have gone through.

The article analyzes individual sources of Roman private law that refer to the principles of «good faith», «reasonableness» and «justice», on the basis of which it is concluded that these are the valuation categories that allow the transformation of moral norms into formal law. It was concluded that honesty, reasonableness and justice were in Roman private law with specific categories filled with relevant substantive content. Conscientiousness was considered in Roman private law as a reasonable behavior of a person who took into account both their own and other people's interests, due fulfillment of their obligations. The principle of justice in Roman private law was designated as «aequitas» and was considered as a clear and understandable category, based on the understanding of the concepts of good and evil.

Published
2020-01-20