CONTRACTUS BONAE FIDEI, VEL STRICTI JURIS

CONTRACTUS BONAE FIDEI, VEL STRICTI JURIS

contractus bonae fidei, vel stricti juris (k[schwa]n-trak-t[schwa]s boh-nee fI-dee-I, vel strik-tIjoor-is). [Latin] Roman law. Contracts of good faith or of strict law; a contract requiring that the parties perform their duties in good faith. ? In an action brought on a contractus bonae fidei, the plaintiff had to assert that he had not acted in bad faith. All consensual contracts were considered contractus bonae fidei. Essentially, then, the phrase was typically used when a remedy was being sought for a breach. Judges enforced contracts of good faith (e.g., contracts of sale) according to the requirements of good faith and contracts of strict law (e.g., stipulations) ac-cording to their strict terms. ¡ª Sometimes shortened to contractus bonae fidei.
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