Good Faith

Good faith has been given an even more fundamental basis in natural law, which enlarged the narrow, pragmatic rule, otherwise known as ‘Pacta sunt servanda’ , which promises that agreements must be kept. The well known scholar, Cicero, in his treatise on Duties, attributed to 'promises' such force that he called good faith the foundation of justice. Bona fides /good faith in Roman law was “based on an ethical concept that was applied in the form of specific rules, the most Important of which were formulated in relation to the basic rule – ‘Pacta Sunt Servanda itself.’ 'In Roman society, thus, the term Good Faith “was always associated with trustworthiness, conscientiousness and honorable conduct.' Roman times began as an obligation of contracts, promises and agreements and then became more sophisticated. After the fall of Rome, the concept of good faith as an implied principle in the performance of contracts appeared again in mercantile practice during the eleventh and twelfth centuries and was adopted generally throughout civil law regimes.