Bona Fides
A term frequently used by Roman writers, especially by the jurists, and is opposed in
meaning to
mala fides and
dolus malus. It implies
the absence of all fraud, insincerity, unfair dealing, and bad faith, and is hence a necessary
ingredient in all binding contracts.
Bona fide possidere is said of him who has
acquired the possession of a thing under what he believes to be a good title.
In various actions arising out of mutual dealings, such as buying and selling, lending and
hiring, partnership, and others,
bona fides is equivalent to
aequum and
iustum; and such actions were sometimes
called
bonae fidei actiones. The formula of the praetor, which was the
authority of the iudex, empowered him in such cases to inquire and determine
ex
bona fide, that is, according to the real merits of the case.