Legal Definitions - secundum bonos mores

Secundum bonos mores is a Latin phrase meaning according to good customs or in accordance with good morals. In a legal context, it refers to actions, agreements, or behaviors that conform to the generally accepted moral standards, ethical principles, or social customs of a particular community or society. It implies that something is considered proper, decent, or acceptable based on unwritten societal norms, even if not explicitly codified in law.

• Contractual Validity: Imagine a situation where two parties enter into a contract for a service that, while not strictly illegal, is widely considered by the general public to be extremely offensive and promotes severe discrimination against a protected group. For example, a contract to publish a book filled with hate speech that incites violence, even if the specific content hasn't been outlawed in that jurisdiction.

  A court might refuse to enforce such a contract, deeming it invalid because its purpose goes against the fundamental "good customs" and moral sensibilities of society, even if specific laws against that exact content are not present. The agreement would be considered contrary to secundum bonos mores.

• Community Standards for Public Conduct: Consider a homeowner in a quiet residential neighborhood who decides to paint their house with highly provocative and sexually explicit murals visible to all passersby, including children. While no specific zoning law or ordinance prohibits the colors or images themselves, neighbors are deeply offended and feel their community's character is being undermined.

  The community might argue that such a display violates secundum bonos mores because it goes against the accepted standards of public decency and good conduct expected within a family-oriented neighborhood, even without a specific ordinance against the artwork itself. The collective sense of what is "proper" in that setting is invoked.

• Professional Ethics: A licensed financial advisor, while not breaking any specific financial regulations, consistently advises elderly clients to invest in extremely high-risk, speculative ventures that are clearly unsuitable for their financial situation, solely to earn higher commissions. The advisor fully discloses the risks, so no fraud is committed.

  Even if no specific law is violated, a professional disciplinary board might find the advisor's conduct to be in breach of secundum bonos mores for the financial advisory profession. Their actions violate the customary ethical standards and good practices expected of someone in their position, which prioritize client well-being over personal gain, even if technically legal.