Disciplina generale delle obbligazioni e sovraindebitamento

Abstract

The essay compares the law of obligations and the law of over-indebtedness with the aim of examining whether and to what extent they interact. To this end, the Author highlights the diversity of assumptions and effects -which is first and foremost a diversity of perspective-between them and then clarifies their relationship in terms of alternativity and self-sufficiency. On these premises, it is argued that despite the reported differences, the over-indebtedness rules are capable of changing the face of the obligation in more than one respect. In particular, the possibility of a fresh start offered to “any debtor” undermines the idea of an essentially enforceable bond and marks the demise of the Civil Code obligation as the prototype of market relations.