2016 Ius Romanum 923 (2016)
Dolus Bonus in Roman and Contemporary Law

handle is hein.journals/iusrom2016 and id is 923 raw text is: 

IUS ROMANUM


          DOLUS BONUS IN ROMAN AND CONTEMPORARY

                                    LAW


                                                Asst. prof. Angel Shopov, PhD
                                 University of Plovdiv ,,Paisiy Hilendarski, Bulgaria


      Abstract: This research paper scrutinizes the notion of dolus bonus at the time
of Ancient Rome compared to its nowadays' meaning. In addition, the author analyses
the ratio between dolus bonus and dolus malus and their importance on the notion of
dolus.
      In contemporary law the problem is often discussed in connection with the deceit
as the reason for nullification of contracts. The author sketches the borderline between
good intention (dolus bonus) and bad intention/faith (one of deceit's prerequisites). The
paper considers other contemporary (Bulgarian, but having EU origin) legislation which
puts indirect limitations on good intention, too. Under this legislation dolus bonus
should not create any probability on misbelief (as a deceit's prerequisite) or on
(material/non material) loss by the addressee.


      Keywords: dolus bonus; dolus; deceit; nullification of contract; good intention;
commercial puffs; advertising; consumer; (unfair) competition.


CTpaH La 923 OT 935


ISSN 2367-7007


1/2016

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