L'obbligazione nel prisma della (nuova) responsabilità patrimoniale

The present writing deals with the obligation as a legal relation-\r\nship traditionally articulated in two aspects, that of obligation strictly\r\nintended and that of debtor’s patrimonial liability. The latter recently\r\nhas been changed from the original generality, yet according separa-\r\ntion to parts of debtor’s by patrimony, by subtracting them from\r\nliability as to the creditors or attributing some specific good to a\r\nparticular creditor. At the same time a new institute, the ‘esdebitazi-\r\none’, grants debtor a way of escaping from obligation by giving up his\r\ngoods following a special procedure. These changes in the law may\r\nhave suggested to emphasize the aspect of patrimonial liability, shad-\r\nowing the meaning of performance and non-performance. On the\r\ncontrary, what the author suggests is the persistence of obligation first\r\nas a personal relationship.