Buna-credință în materia obligațiilor

Like other civil legal relations, the mandatory ones are "guarded" by the good faith. Good faith in obligations is the reference point for the birth, modification and termination of any binding legal relationship. Among the new rules from the Third Book of the Civil Code of the Republic of Moldova, art. 775 paragraph (1) states of the good faith in particular for the matter of obligatory relations, obliging both the debtor and the creditor to act in good faith at the time of creation, during its existence, at the time of execution and extinguishment of the obligation. Admitting evasion or defiance of this pattern of behavior is excluded by the provision of paragraph (2), which establishes that the clause derogating from the provisions of paragraph (1) is void. From the point of view of the regulation of good faith, the matter of obligatory relations is advantageous to the matter of real relations. In particular, thanks to the modernization changes of the Civil Code, which introduced the definition of good faith, which corresponds to the source of legislative inspiration and the way of adaptation, especially to the obligatory relationships. This fact ensures effective, unreserved application of the good faith of any binding relationship. Thus, in addition to art. 1 of the Civil Code which enshrines the principle of good faith, art.11 of the Civil Code defines good faith as a standard of conduct, applicable to any case of evaluating the behavior of the subjects of the civil legal relationship.