o:10622 The principle of bona fides in the age of algorithms: Foundations of Roman law and the challenges of automated contracting en ABSTRACT: This paper analyses the concept of bona fides in Roman law, as well as its significance and scope in contemporary law in the context of automated and algorithmic contracting. Despite the many legal institutions that, through the reception of Roman law, have found their way into modern legal systems, the question arises whether the same is true of the principle of bona fides. Can we speak at all of the application of this principle in the digital age in which we live? Answers to these questions will first be sought by distinguishing the subjective and objective functions of bona fides, and then by analysing its interpretative, supplementary and corrective functions in contractual relationships. The paper also seeks to determine whether, and in which situations, this highly significant principle of Roman law can serve as a corrective where contracts are not only concluded but also performed and modified through algorithms, digital platforms and artificial intelligence systems. Although the Roman institution of bona fides arose in a completely different social and technological context, it is argued that it may nevertheless provide an important theoretical basis for addressing contemporary problems of digital contract law. Keywords: Bona fides; Roman law; the principle of good faith and fair dealing; algorithmic contracting; artificial intelligence 1552100 978-86-86121-93-6 1552101 2838-1971 1552099 10.5937/PDSC26007S 2026-10-19T11:48:16.563Z 44 yes 46 Nenad Stefanović Faculty of Law for Commerce and Judiciary in Novi Sad, University Business Academy in Novi Sad 0000-0002-7899-9585 Tamara Crevar Faculty of Law for Commerce and Judiciary in Novi Sad, University Business Academy in Novi Sad person 0009-0006-0293-1409 application/pdf 1279175 https://unilib.phaidrabg.rs/o:10622 no yes 16 70 92000001 211A01 23rd International Scientific Conference “Law Days – Prof. Slavko Caric, PhD”, “Law between doctrine and digital reality - transformation of law in digital society” - proceedings 23 105 115 Novi Sad: The University Business Academy, The Faculty of Law for Commerce and Judiciary 2026