"CUSTODIA", "RECEPTUM" И ДОГОВОРНАТА ОТГОВОРНОСТ. ЕДНО ПРЕПРОЧИТАНЕ НА ДОГМИТЕ НА ГРАЖДАНСКОТО ПРАВО В СВЕТЛИНАТА НА КАЗУИСТИЧНИЯ РИМСКИ МЕТОД
CUSTODIA, RECEPTUM AND CONTRACTUAL LIABILITY. NEW OUTLOOK OF DOGMA OF CIVIL LAW IN LIGHT OF ROMAN CASUISTIC METHOD

Summary/Abstract: The issues relating to liability under contract occur - regardless of their respective individual system - on the plane of the structure of decision and responsibility on the plane of the allocation of the burden of proof. The contribution, after consideration of the main classical sources on the topic of custodia and receptum, offers a rereading update of the criterion, carved in the expression praestare custodiam, by strict interpretation of Art. 1218 of the Civil code and the provisions relating to liability so-called ex recepto which focuses on general and objective one based on contractual liability (a.k.a.: what is considered a violation in itself, not guilt) and re-interpretation of the sign cause ‘that can not be attributed to the similar language and descriptive phrases in the field of lack of responsibility for duties that focus on flexibility 'classical method' of classical Roman jurisprudence and flow into the regula nautilitas contrahentium.

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