Custodia, receptum e responsabilità contrattuale

Problems concerning contractual liability arise —regardless of the peculiar legal system of reference— in terms of the structure of the liability question, as well as of the allocation of the burden of proof. This article, after examining the main classical sources regarding custodia and receptum, puts forward an actualizing explanation of the criterion set in the phrase praestare custodiam, by means of a strict explanation of the article 1218 cod. civ. and of the provisions concerning the ex recepto liability. It is therefore emphasized the unitary and objective nature of the basis of contractual liability (i. e. the non-performance itself and not the fault). Finally, a re-interpretation of the locution «causa non imputabile» and similar linguistic expressions linked to the debtor’s non-liability area enhances the ductile casuistic method used by classical Roman jurists flowed in the utilitas contrahentium rule.