FORŢA MAJORĂ ŞI CAZUL FORTUIT – CAUZE (NEIMPUTABILE DEBITORULUI) DE NEEXECUTARE A OBLIGAŢIILOR CONTRACTUALE ÎN DREPTUL ROMAN. CUSTODIA
CASUS MAIOR AND CASUS MINOR – CAUSES (UNATTRIBUTABLE TO THE DEBTOR) OF NON-PERFORMANCE OF CONTRACTUAL OBLIGATIONS IN ROMAN LAW. CUSTODIA

Summary/Abstract: Unlike mora, dolus and culpa, casus maior and casus minor fell into the category of causes of non-performance of contractual obligations that were not attributed to the debtor. As a result, not only its origins, but its implications differed as well. Following a distinction between initial and supervening impossibility, the regime of the two Roman concepts is presented. The final part of the study is dedicated to custodia, a different cause of non-performance. Although it encompassed various situations that designated casus, it implied liability for some debtors who were thus held accountable up to the limit of casus maior.

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