L’obbligazione oltre il principio del contratto. Comportamenti socialmente tipici e relazioni di affidamento

The essay examines the main postmodern trends in European law with regard to the discipline of sources of obligations. In particular, it emphasizes the enlargement of the area of protection of reliance. It examines so-called de facto contractual relationships and social contact obligations. It takes into consideration the development in Italy of protective duties (Schutzpflichten) that receive application not only in the context of traditional obligations but also takes on autonomous importance especially in relation to the reliance created by the professional position of subjects. The synthetic evaluation describes the Italian system of sources as characterized by an evolutionary typicality.