Wishful Thinking; the Role and Development of Good Faith in the Roman Law of Contracts

Bibliographic Details
Main Author: Thomas, Philip (Author)
Format: Article
Published: Praha : Karolinum, 2021
Subjects:
Online Access:Digitalizovaný dokument
Related Items:Contained in: Právněhistorické studie 51 (3), 2021
Description
Item Description:The paper outlines the theoretical achievements of the work of the Dutch historian Jan Romein and the legal historian and romanist Hoetink, which have become common wisdom in time. However, application of new insights into historical narratives has often been hesitant because of the “anything goes” mentality. This paper approaches one of Roman law’s holy cows, namely the role and development of good faith in the Roman law of contracts and questions whether a move from historical interpretation to legal history may provide another narrative.
Physical Description:s. 19-36
ISSN:0079-4929