Good Faith
idea · 3 works · 5 mentions · 10 anchored passages
good faith · bona fide · bona fides · faith · in good faith · the good faith of kings and nations
in the texts
The Rights of War and Peace
The moral obligation to keep one's word according to its intended meaning, underlying the whole doctrine of treaty interpretation.
Good faith, observes Cicero, requires that a man should consider as well what he intends, as what he says.
From what has been said an inference may be drawn in favour of sworn treaties or agreements that they ought to be taken in the most usual acception of the words, rejecting all implied limitations and exceptions, and such as are not immediately necessary to the subject.
A truce is not broken by the acts of individuals, unless they are sanctioned by the authority of the sovereign, which is generally supposed to be given, where the delinquents are neither punished nor delivered up, nor restitution is made of goods taken away.
The Law of Torts
A recurring standard of honest intention that qualifies defences and exceptions throughout the draft code.
It is not defamation to publish in good faith any fair comment on matter of public interest or open to public criticism, or a correct and fair report of a public judicial or legislative proceeding;
(3) A statement made on a privileged occasion is presumed to have been made in good faith.
Provided also that a workman or servant does not commit a trespass by dealing with any property in the ordinary way of his employment and in a manner authorized as between himself and his employer and which he in good faith believes his employer to be entitled to authorize.
Institutes of Roman Law
The honest belief that one is receiving property from its true owner, a general condition for ordinary usucapion.
Accordingly, in things movable a possessor in good faith cannot easily acquire ownership by usucapion, because he that sells and delivers possession of a thing belonging to another is guilty of theft.
Quiritary ownership of a thing may also be acquired by usucapion, when possession of it has been transferred to one by a person who is not the owner of it, and this is the case in things either mancipable or not mancipable, if they are received in good faith by a person who believes the deliverer to be owner of them.
et quamuis ipse, qui uacantem possessionem nactus est, intellegat alienum esse fundum, tamen nihil hoc bonae fidei possessori ad usucapionem nocet, 〈cum〉 inprobata sit eorum sententia, qui putauerint furtiuum fundum fieri posse.