RIFLESSIONI SUI CRITERI SOGGETTIVI DI IMPUTAZIONE DELL’INADEMPIMENTO CONTRATTUALE A PARTIRE DALLA LATITUDO POST-CLASSICA DELLA CULPA

The essay deals with the classical thought of Ulpianus and Modestinus concerning the criteria to establish contractual liability; more precisely, it focusses on the late re-elaboration hinging on the broad and multifaceted figure of culpa. It also retraces the historical development that practice and theory, starting from the 3rd century AD, underwent both horizontally and vertically: from custodia to culpa in custodiendo, from dolus to culpa lata, from diligentia quam in suis as an exemption of malicious liability to the basis of fault-based liability