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Fides, bona fides, and bonus vir

Relations of Trust and Confidence in Roman Antiquity

In: Journal of Law, Religion and State
Author:
Remus Valsan Lecturer in corporate law, University of Edinburgh School of Law, remus.valsan@ed.ac.uk

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This article investigates the link between the Roman notion of fides and the contemporary notion of fiduciary duties. Etymologically, the word “fiduciary” derives from fides. The Roman fides was a very complex concept, blending religious, social, and legal valences. The religious and social fides entered Roman law in a substantive form, as bona fides, and as a standard of judgment, in the form of bonus vir. It is submitted that a close analogy can be drawn between bonus vir and the contemporary fiduciary standards.

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