Rejection of Claims Against Good Morals in Good Faith Actions

Notes

1. §22.1.5.prdesideretur — The subjunctive present passive is used in the relative clause introduced by quae. It represents the subjunctive of characteristic, restricting the antecedent praestationem to 'a performance of such a kind as is demanded contrary to good morals,' rather than referring to a specific factual demand.
2. §22.1.5.prbonae fidei iudicium — The genitive phrase bonae fidei (genitive of quality) modifies iudicium, referring to a 'good faith action' (bonae fidei iudicium) in Roman law. In these actions, the judge was granted wider discretion to decide based on equity and the standards of good faith between the parties.