“Bona Fides” Principle’s Value in Pre-Contractual Liability

Abstract

“Bona Fides” is a well known principle, internationally important as is being set in national laws and international treaties and convections. Dating from Roman law, this principle is used nowadays specially in contract laws by determining honest and fair behavior and lack of bad faith between the parties. Although the Albanian Civil Code provides no definition about good faith, requires it in pre - contractual phase. This paper aims to analyze pre - contractual phase, in all constituent elements provided by the Albanian legislation and the way the parties should behave with each other, without causing damages, showing the required good faith. The pre - contractual responsibility shall be determined by reference to the observance and implementation of “Bona Fides” Principle. The paper will treat the forms of good faith and the difficulties in understanding the existence or the lack of good faith being necessary to treat each case as unique. This paper will be realized by using doctrinal definitions, interpreting court cases and foreign legislation.

DOI: 10.5901/ajis.2013.v2n9p481