Sulla responsabilità contrattuale di fullo e sarcinator nel II secolo d.C.: considerazioni a margine del pensiero di C.A. Cannata

When facing a contractual text, as well as a conduct that may correspond to the conclusion of a contract, the interpreter is required to solve complex questions of interpretation and construction. What is the connection between utilitas contrahentium and liability for custodia? How can the strictest form of liability be explained in contracts for consideration? The essay starts from these two fundamental questions, trying to make use of some of the ideas present in Carlo Augusto Cannata’s thought in order to reread the famous passages of Gaius’s Institutions in which he deals with the contractual liability of launderers and tailors, within the framework of the problem of the standing to sue for theft.