LexInter | August 9, 2015 | 0 Comments



Etymology: from fides, the confidence , the belief

English: trust

In everyday language: assurance given to be true to one’s word, to accomplish exactly what one has promised

legal value: v. for example in article 1322 of the Civil Code the use of the term faith

The deed under private signature, recognized by the one to which it is opposed, or legally held to be recognized, has, between those who have subscribed it and between their heirs and successors in title, the same faith as the authentic instrument.

This common sense is reflected in the original meaning of the Civil Code rule that “contracts are performed in good faith”. It was then a question of expressing the absence of necessity of formalism and solemnity for the contract (such as the affixing of a seal) by underlining that each one was obliged on the basis of the confidence in the execution by the other of his own obligation

The praetorian rule in matters of sale concerning the “bad faith” of the professional seller reflects the same philosophy: the non-professional buyer trusted the professional and this trust was not respected.

The concepts of ” good faith ” and ” bad faith ” often have a more subjective meaning.

The concept of “good faith” and “bad faith” are part of a set of concepts where one finds loyalty, sincerity and fidelity.

Faith and breach of trust

The breach of contractual faith constitutes a breach of trust . Criminal law will intervene to criminalize the violation of contractual obligations under the civil law, the commercial law or consumer law .


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