Regime e funzioni dell’‘actio quod metus causa’

This essay will attempt to illustrate the more complex implications of the transactionis causa factum contract. The need to reduce the number of court cases requires courts to study the transaction. Unresolved problems thus emerge. All the most complex issues concern the essential elements for the existence of this contract. Studying the historical path we will see how transactio exists, operates and has preclusive effect independently of any relationship of equivalence inter totum et nihil. It demands reciprocal sacrifices and, at least pro rata, accommodates the reasons of those who partly satisfy and partly displease. The object of the transaction is the disputed legal relationship, its cause the overcoming of the conflict, judicial or otherwise. Beyond, then, some historical contradictions, there is a single goal: to settle the disputed legal relationship finally. The game is still far from its conclusion. The gap between ius commune et hodiernum is still strong to counter ancient knowledge, but the issue is on the table and the legal historian must bear witness to it.