ДОГОВАРЯНЕТО В РИМСКОТО ПРАВО: ИСТОРИЧЕСКИ ФЕНОМЕН И МЕТАЮРИДИЧЕСКИ МОДЕЛ. БЕЛЕЖКИ ЗА CAUSA CONTRACTUS
ROMAN CONTRACTING HISTORICAL PHENOMENON. REMARKS UPON CAUSA CONTRACTUS

Summary/Abstract: The title of this Article (La negozialità romana: Fenomeno storico e modello metastorico. Note sulla causa contractus) is the paradigm of the reflection about the Roman contracting, complex phenomenon that modern studies, by building on the previous and secular experience, have transposed considering the specificity and Roman specialties and of his significant heuristic value. In the following pages we deal 'again' with the theme of negotialità, elusive figure, in an attempt to interpret, concretely, about the historical and legal research, the needs of a methodological renewal that penetrates the ancient sources and raises a tool that offers the features of a largely unstructured system, in which are found attempts at classification and theorizing, significant since the first century. A.D., useful to the modern interpretation of the contract. The Author uses research tools that consider the dialectic between the lexicon of negozialità and linguistic system developed in case law, just to emphasize the concrete dynamism of a polysemic term, such as the cause. In obedience to the status of investigations, will retrace the evolutionary stages of the western Romanistic doctrin thought, from the nineteenth century, about a concept, which, although in different projections, expresses a unitary core which is represented by a function specifically identifying/generative of obligation; is analyzed with the help of sources (50.16.19 D. and D. 2.14.7 pr. - 4) the origin of the concept, the jurisprudential debate up to the integration of the two concepts of causa and sunallagma.

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