Good morals within the regulation of the new civil law

• Author: Florian Radu-Gheorghe
• Position: Faculty of Law and Economics, the Law Department, Agora University, Oradea, Romania
• Pages: 101-105

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No.1 (2012), pp. 23-27

23

GOOD MORALS WITHIN THE REGULATION OF THE NEW C IVIL LAW

R. Gh. Florian

Radu-Gheorghe Florian

Faculty of Law and Economics, the Law Department

Agora University, Oradea, Romania

*Correspondence: Radu -Gheorghe Florian, Agora University of Oradea, 8 Piaa Tineretului

St., Oradea, Romania.

E-mail: raduflorian@rdslink.ro deliradu@gmail.com

Abstract

The hereby survey sets its goal to analyze the way in which the issue of good morals

is mirrored within the new civil law of Romania, considered as an element limiting the

principle of civil judicial deeds a s well as the identification of circumstances where the law

giver has understood to rule expressly the need to observe the good morals while acquiring,

assuming and exercising rights and obligations by placing judicial d eeds.

Key-words: civil judicial deed, good faith, moral directions vs. judicial directions,

illegal and immoral cause.

Introduction

Considering the truism that a ll that is moral is just, the civil law directions

comprise two classes of directions: mandatory and dispositive. Surely, for as much the

mandatory directions pertain to the objective law, they observe by themselves the good

morals too. On the other hand, in terms of dispositive di rections, the civil law directions

cultivate the parties’ freedom of will, contractual freedom; this means that they can derogate

from these, but with the observation of two boundaries: mandatory directions – of public

order – and good morals.

Moral consists of a body of ideas, precepts, rules regarding to goo d and bad, to

honest and dishonest, to just and unjust.

1

Moral, viewed as a system of directions, is based upon the intimate conviction and

the individual consciousness of each person within his/her own behaviour. The motive of the

moral direction consists of the person’s duty to wards itself. People relates their behaviour to

the moral value of good and bad, from which derives as well t he determination of such a

behaviour as moral or immoral. Therefore, moral includes as fundamental values the

principles of good, justice and truth, elevated and defended by right.

2

Moral directions are provided with sanctions of the same nature, sanctions which

may be exterior of the subject, for example the public opprobrium, or they may be interior,

thus occurring within t he subject’s consciousness sphere, and we can list here some of them:

sorrows, regrets, remorse, consciousness scruples and others.

* University Lecturer, Candidate to Ph.D,, Agora University of Oradea, Faculty of Law and Economics, Law

Department, e-mail: raduflorian@rdslink.ro;

1

Gheorghe Bobo, General Theory of the Law, Course drafts, Cluj-Napoca, 1992, pp. 225.

2

Dogaru I. et co, General Theory of Law, Basic Course, Scientific Publishing House, 1999, Bucharest, pp. 195.