MAKING AGREEMENT AND SUBSEQUENT DELIVERY OF MATERIAL WORK: ITS CONTRACTUAL QUALIFICATION IN THE REGULATION OF THE INTERNATIONAL SALE OF GOODS AND ITS ROMAN PRECEDENTS

The purpose of this paper is to approach the issue of the contractual qualification of an agreement that deals with the manufacture and subsequent delivery of movable tangible property for a price. To this end, I focus my attention on the solution, of a clear Romanist nature, adopted by the Vienna Convention of 11 April 1980 on the International Sale of Goods, and then reflect on what can be considered its immediate Roman precedent, which is none other than the well-known case of GAYO in Institutions 3, 147.