Failure of bonds by intent or negligence of the debtor: receipt of the roman sources in jurisprudente

Abstract

The Roman categories of fraud and guilt as a result of breach of contractual obligations have been receptive in the Argentine Civil Code in almost complete. Anyway, certain elements that seem to have been abandoned by Velez Sarsfield, as the spirit of malice or prejudice in the categories which subdivide the blame, despite their explicit statutory repeal, have been taken up and put into effect by the jurisprudence , Because such categorization solametne not responding to a pattern of conflict resolution, but rather a logical scheme, a system of reasoning, beyond the concrete solutions, is the greatest legacy we have received from Rome.