Consideraţii generale asupra principiului nemo auditur propriam turpitudinem allegans cu observarea particularităţilor elementului bună credinţă

Rezumat

The analysis of the principle nemo auditur propriam turpitudinem allegans must be structured on its configuration elements, of which the concept of good faith is regarded as essential. Furthermore, the analysis shall also comprise the application of this principle within the profile of certain civil law institutions.
It is precisely because the basis of any contractual relationship is structured on the will of the parties or the parties’ consent, that it is important to determine to what extent this will corresponds to the rigor of good faith. Also, relations of civil law, in the splendor of their variety, secure the justice and loyalty element thereof by referring to the specific behavior that can lead to favorable conduct for all parties pertaining to that legal relationship.
Consequently, a legal transposition of the daily proverb „Do unto others as you would have them do unto you” describes a behavior to follow at the beginning of any legal engagement.
In other words, the ultimate aim of the nemo auditor propriam turpitudinem allegans principle is to strike a balance in a contractual legal relationship, precisely by observing the way in which rights are exercised and obligations are fulfilled while exactly having in mind the traditional rigor of fairness and good faith.