Il diritto italiano delle obbligazioni dal codice civile del 1942 a oggi. Profili di una evoluzione

The analysis relates to the founding rules set up in articles 1173,\r\n1174 and 1175 of the Italian civil Code respectively regarding the\r\nsource of obligation, the nature of interest necessary to justify the\r\nobligation, the duty of fairness imposed to the parties by law. Follow-\r\ning the traces of these rules, the author shows the way by which the\r\nlaw of obligations has developed in Italy after the codification of 1942.\r\nAccording to the so called atypicality of the sources of obligation,\r\nenacted in art. 1173, it has been developing the category of obligation\r\nwithout duty of performance as a consequence of a ‘social contact’.\r\nThe provision of art. 1174, regarding the possibility of a non-eco-\r\nnomic interest at the basis of obligation, has made possible the\r\nextension of recovery to non-patrimonial damages. Art. 1175 has\r\ngiven positive impulse to the development of obligation as a complex\r\nrelationship.\r\nNow it has become in fashion to recodify. If this is the future,\r\nrecodification must be up to the noble-mindedness of the code which\r\nis intended to be renewed.