Abstract

SAN MARTIN NEIRA, Lilian C. The 'ex fide bona' clause and its influence on the 'quantum respondeatur' as a mechanism to recover the equity balance in Roman law. The examples of D. 19.1.13 pr. and D. 19.2.33. Rev. Derecho Privado [online]. 2015, n.28, pp.47-77. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n28.03.

This article refers the relationship between the ex bona fide clause and the amount of the condemnation in Roman law. Through the analysis of two passages of the Justinian Digest, it reveals that, thanks to the elasticity of the clause ex fide bona, Roman jurists used quantum respondeatur as a mechanism to restore the equity balance, excluding some amounts that, at first, would have been included into the Summa condemnationis. Thus in Rome the good faith was not only a mechanism of integration of the contract through the extension of their obligations, but also a mechanism for attenuation of these obligations, when its demand in literal terms was contrary to the equity balance in good faith's contracts.

Keywords : Good faith; equity balance; quantum respondeatur.

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