BUNA-CREDINȚĂ ÎN CADRUL RAPORTURILOR CONTRACTUALE

The study addresses good faith as a uniform, but flexible, multi-faceted concept within
contractual relationships.
After analyzing the ambivalent character of the concept of good faith, in antithesis to the abuse
of law in the form of bad faith and contractual wrongdoing, the study leans on the functions of good
faith, which materialize the principle at its institutional and formal dimensions, namely the
interpretative function of contracts, the completive, moderating or limitative, and adaptive function. In
approaching the contractual illicit and the bad faith, as a basis of contractual liability, the study shows
that good faith is a standard in quantifying them, and the legal language of good faith is a supreme
norm of the contractual law, in a means of contractual jurisdiction, meant to limit the principle of
contractual freedom.