THE CONTEMPORARY JUDGE AND THE CIVIL CODE: EFFECTIVENESS OF THE PRINCIPLE OF OBJECTIVE GOOD FAITH

Abstract

This article focuses on the role of the judge in effectively applying the “principle of objective good faith”. In contrast to the Civil Code of 1916, designed for a predominantly rural country, the Civil Code of 2002 is intended for a society in which the meaning of urban life prevails. It enshrines the so-called “new rights”. Objective good faith stands out, its fundamental rule (articles 113 and 422). The role of the contemporary judge is very important, aware that “nothing would be more harmful than interpreting the new Civil Code with the formalistic and abstract mentality that predominated in the understanding of the codification it replaced” (Miguel Reale).