La gratuità dei contratti tra liberalità e scambio

Abstract: This contribution concerns, in the perspective of diachronic comparison, the juridical categories of “onerousness” and “gratuitousness”. Taking as reference Sale and Donation, as models in which “onerousness” and “liberality” find respectively their most peaceful and complete expression, it is not uncommon, under the point of view of general theory, to come across a configuration of such contracts in terms of contrast. Such antithesis is the object of post-roman elaborations. Indeed, despite its subsequent fortune, looking at the ancient world this contrast does not seem to have its roots in Roman law. In continuation of my previous works, dedicated to venditio donationis causa and donatio sub modo, I identified the “gratuitousness” of contracts as a further segment of the research, from which I can get both confirmation and new meaningful ideas to support the taken direction.