L'obbligazione nel prisma della (nuova) responsabilità patrimoniale

The present writing deals with the obligation as a legal relation- ship traditionally articulated in two aspects, that of obligation strictly intended and that of debtor’s patrimonial liability. The latter recently has been changed from the original generality, yet according separa- tion to parts of debtor’s by patrimony, by subtracting them from liability as to the creditors or attributing some specific good to a particular creditor. At the same time a new institute, the ‘esdebitazi- one’, grants debtor a way of escaping from obligation by giving up his goods following a special procedure. These changes in the law may have suggested to emphasize the aspect of patrimonial liability, shad- owing the meaning of performance and non-performance. On the contrary, what the author suggests is the persistence of obligation first as a personal relationship.