This brief study aims to identify some important questions regarding
the obligation to supply unascertained goods,
without having the pretension to resolve them, but with the idea
of drawing up potential investigation profiles, that highlight the positive controversiality of
Roman law.
These themes regard the delimitation of legal topic ‘genus’ and the differences between
obligations to supply unascertained goods
and alternative obligations; the overlap with the
‘res quae numero pondere mensura consistunt’ (fungible goods); the profile of the determinateness
of the object between legal categories and negotiating will; and, in the end, some questions
about the sale of
unascertained goods.