Sopravvenienze e regolamento contrattuale: riflessioni sul pensiero giurisprudenziale romano fra tarda repubblica e principato

Starting from a modern point of view, this paper discusses how the problem of frustration of contract was analyzed and resolved by Roman jurisprudence. Its aims are to examine some cases and the criteria that were used to find the best solution which could keep in a due consideration all the interests involved. It emerges a general picture where it lacks a systematic theory of frustration of contract in Roman legal thinking, but by means of different criteria such as passing of risk, good faith and fair dealing, unjustified enrichment, the best solution is normally reached.