Naslov (eng)

The principle of bona fides in the age of algorithms: Foundations of Roman law and the challenges of automated contracting

Autor

Stefanović, Nenad
Crevar, Tamara

Publisher

Opis (eng)

ABSTRACT: This paper analyses the concept of bona fides in Roman law, as well as its significance and scope in contemporary law in the context of automated and algorithmic contracting. Despite the many legal institutions that, through the reception of Roman law, have found their way into modern legal systems, the question arises whether the same is true of the principle of bona fides. Can we speak at all of the application of this principle in the digital age in which we live? Answers to these questions will first be sought by distinguishing the subjective and objective functions of bona fides, and then by analysing its interpretative, supplementary and corrective functions in contractual relationships. The paper also seeks to determine whether, and in which situations, this highly significant principle of Roman law can serve as a corrective where contracts are not only concluded but also performed and modified through algorithms, digital platforms and artificial intelligence systems. Although the Roman institution of bona fides arose in a completely different social and technological context, it is argued that it may nevertheless provide an important theoretical basis for addressing contemporary problems of digital contract law.

Jezik

engleski

Datum

2026

Licenca

Ovo delo je licencirano pod uslovima licence
Creative Commons CC BY 4.0 - Creative Commons Autorstvo 4.0 International License.

http://creativecommons.org/licenses/by/4.0/legalcode

Predmet

Keywords: Bona fides; Roman law; the principle of good faith and fair dealing; algorithmic contracting; artificial intelligence

Deo kolekcije (1)

o:1575

Pravni fakultet za privredu i pravosuđe