Legal Importance of the Roman Fides

Abstract

According to one of the contemporary theories about the legal character of the fiduciary contracts, called “negative”, the trust is only a motive for their conclusion and as such it has no legal force to create legal relationship between subjects. Based on this understanding, the paper examines the stages in the development of the importance of fides in Roman law in order to distinguish it from the contemporary understanding of it. As a result of this analysis, it is found that the negative theory is based on the archaic understanding of trust, but without taking into account the development of the importance of fides in both Roman law and today.