Pena convenzionale e interessi nella tradizione romanistica

The work focuses on the subjection of the penalty clause to the limits regarding the interest rate in Roman law and in the Romanistic tradition. The recent decision C. Cass., sez. III, 21 February 2023, no. 5379, by deviating from the tradition, excludes the subjection of the penalty clause, unlike the contractually agreed interest on late payment, to such limits. The opinion expressed by the Supreme Court is not convincing, because it does not take into account the structural and functional homogeneity existing between the penalty clause and the interest on late payment in the case of failure to pay money.