UTILITAS CONTRAHENTIUM: A ROMAN LAW PRINCIPLE OF CIVIL LIABILITY TO THE GLOBAL SOCIETY?

Abstract

The article aims to perform an evolutionary analysis on the so-called formula utilitas contrahentium. The utilitas can be shortly defned as a standard that states that on a contractual relationship the quantum of liability should be balanced accordingly with the advantages that each contracting party receives from it. It begins with its conceptual conformation within the Roman law in order to explain its extent. It also highlights the correlations between the utilitas contrahentium and the three fault-based doctrine. Finally, it seeks to carry out a parallel with this ancient regula and the current civil legislation on several legal systems in order to establish a link between the principle and Law’s methodological needs on world increasingly globalized and unequal.