Diritto Privato per Economia - Cap. 11 Il Rapporto Obbligatorio

Blab Bocconi

8 May 202013:27

Summary

TLDRThe video script delves into the concept of obligations, focusing on the mandatory relationship between a debtor and a creditor. It explains that obligations are binding agreements where the debtor commits to a certain conduct, which can be to do, not do, or give something. The script also clarifies that obligations must have an economic value to be enforceable. It further discusses various sources of obligations, including contracts, wrongful acts, and unilateral public promises. The video highlights the importance of performance and interest, and the distinction between fungible and non-fungible obligations. It also touches on the principles of correctness and diligence that both parties must adhere to, emphasizing the debtor's responsibility for the actions of any third parties involved in fulfilling the obligation.

Takeaways

📜 The chapter discusses obligatory relationships, starting with the definition of obligation as a binding agreement between two parties: a debtor and a creditor.
🔗 The debtor is bound to a certain conduct towards the creditor, which can be to do something, to refrain from doing something, or to transfer something.
📍 The parties can be identified at the moment the obligation arises, such as in a contract, or later, as in the case of a public promise like a lost dog reward.
💰 The performance (prestazione) in an obligation must have a monetary value to be compensable, unlike non-monetary values like love or friendship.
🏷 The sources of obligations are outlined, including contract, wrongful act, and other acts capable of producing an obligation, such as unilateral promises or managing someone else's affairs.
🤝 An agreement between two parties, with one as the creditor and the other as the debtor, forms a contract, obligating the debtor to fulfill a performance to satisfy the creditor's interest.
🚫 Wrongful acts, whether intentional or unintentional, that cause unjust harm to another person create an obligation to compensate for the damage.
🐕 The example of a lost dog and a reward offered illustrates how obligations can arise with parties identified later, not at the moment the bond is formed.
💼 Managing someone else's affairs can create an obligation to compensate the person who benefits from the managed affairs, even if they were done without direct consent.
💵 Overpayment to a creditor不小心多付了款项，creditore必须退还差额，shows that even if a debtor mistakenly pays more than owed, the creditor is obliged to return the excess.
🚫 Enrichment without cause creates an obligation to compensate the person who was unjustly enriched, such as when a thief improves stolen property before it is recovered.
🛠 The distinction between 'to do', 'to give', and 'not to do' is important in obligations, with 'to do' involving actions like repairing or maintaining something, 'to give' involving transfers of money or goods, and 'not to do' involving refraining from certain actions like competition.
🔄 The difference between fungible and non-fungible obligations is highlighted, with non-fungible obligations requiring specific performance by the debtor, while fungible obligations can be fulfilled by anyone.
🎯 The script differentiates between obligations of result, where the focus is on achieving a goal, and obligations of means, where the focus is on the activity performed, not necessarily the outcome.
📚 Two fundamental rules in obligatory relationships are the rule of correctness (article 1175) and the rule of diligence (article 1176), which require parties to act correctly, loyally, and with the diligence of a good family father.
👨‍🔧 The debtor can use third parties to fulfill their obligations, but they remain responsible for the actions of these auxiliaries, which is further discussed in the context of non-compliance.

Q & A

What is the definition of an obligation according to the transcript?
-An obligation is a bond that exists between two subjects, one called the debtor and the other the creditor, by which the debtor is obliged to maintain a certain conduct towards the creditor, which can be to give, do, or not do something.
How are the debtor and creditor identified in the context of an obligation?
-The debtor and creditor can be identified at the same time the obligation arises, such as when a contract is signed, or they can be identified at a later time, like in the case of a public promise where the debtor is already identified but the creditor is not known until they fulfill the condition of the promise.
What is an example of an obligation where the subjects are identified only later?
-An example is a public promise, such as when someone loses their dog and offers a reward for its return. The debtor is the person who lost the dog and offered the reward, but the creditor is not known until someone actually finds and returns the dog.
What are the two fundamental points in an obligatory relationship according to the transcript?
-The two fundamental points are the performance (the conduct that the debtor is obliged to carry out for the creditor) and the interest of the creditor, which does not necessarily have to be of a patrimonial nature.
Why must the performance in an obligatory relationship have a patrimonial character?
-The performance must have a patrimonial character because it needs to be susceptible to economic evaluation. This is to ensure that the creditor can be compensated in a certain way if the debtor does not fulfill their performance.
What are the sources of obligations as listed in Article 1173?
-The sources of obligations are contract, unlawful act, and any other act capable of producing an obligation, which includes unilateral promises, public promises, management of others' affairs, payment and undue payment, and unjust enrichment.
What is the difference between an obligation of result and an obligation of means?
-An obligation of result has the sole purpose of achieving a goal, ensuring the creditor's interest regardless of the debtor's conduct, whereas an obligation of means involves an activity directed towards achieving a result, but the creditor is not guaranteed that the result will be achieved for certain.
What are the fundamental rules to keep in mind in an obligatory relationship?
-The two fundamental rules are the rule of correctness (Article 1175) and the rule of diligence (Article 1176), which require both the debtor and the creditor to behave correctly, loyally, and with due diligence.
What does it mean for the debtor to be responsible for the acts of auxiliaries in fulfilling an obligation?
-It means that while the debtor is free to choose who to collaborate with in executing the performance, they must be responsible for the actions or facts carried out by those auxiliaries.
Why is the diligence of a good father of a family mentioned in the context of obligations?
-The diligence of a good father of a family is mentioned to indicate the level of care, honesty, and attention that should be exercised in an obligatory relationship, which is a standard for the average person.
What is the difference between fungible and non-fungible performances in obligations?
-Non-fungible performances are those that can only be carried out by the debtor with whom the agreement was made, such as a commissioned painting from a specific artist. Fungible performances, on the other hand, can be carried out by anyone, such as delivering food or paying money.

Outlines

00:00

📚 Understanding Obligations in Law

Paragraph 1 discusses the concept of an obligation, which is a legal relationship between two parties: a debtor and a creditor. The debtor is required to perform a certain action for the creditor, which could involve giving, doing, or refraining from doing something. The text further explains that the debtor and creditor can be identified either at the time the obligation arises, such as through a contract, or later, such as in the case of a public promise. An example given is a reward for a lost dog, where the creditor (the person who finds the dog) is not known until the dog is found. The paragraph also highlights that obligations must have a monetary value, unlike emotions or personal relationships, to ensure the creditor can be compensated if the obligation is not fulfilled. The importance of distinguishing between the performance and the interest of the creditor is also noted, where the performance must have an economic value, but the creditor's interest does not necessarily have to be monetary.

05:03

🔍 Sources of Obligations

Paragraph 2 outlines the sources of obligations according to Article 1173, which include contracts, wrongful acts, and any act or fact capable of producing an obligation. It provides examples such as unilateral promises to the public, managing someone else's affairs, paying undue amounts, and enrichment without cause. The paragraph explains that obligations arise when someone benefits from another person's actions or suffers a loss due to another's actions. It highlights the obligation to indemnify in cases like managing another's affairs or paying more than owed by mistake. The concept of enrichment without cause is illustrated with the example of a thief improving a stolen bicycle, where the original owner must compensate the thief for the improvements if the bike is recovered.

10:03

⚖️ Types and Performance of Obligations

Paragraph 3 delves into the distinctions between different types of obligations. It discusses obligations to do, to give, or to refrain from doing something, noting that obligations to refrain are less common. Examples include non-compete agreements, monetary payments, and transfers of goods or rights. The paragraph also differentiates between fungible and infungible performances, where fungible performances can be completed by anyone, while infungible performances must be completed by a specific person due to their unique skills or characteristics. It also distinguishes between result-based obligations, where the goal must be achieved (e.g., building a house), and means-based obligations, where the effort is required but the result is not guaranteed (e.g., medical or legal services). The paragraph emphasizes the importance of good faith and diligence in fulfilling obligations, with specific standards for professional obligations requiring higher diligence. Finally, it mentions that debtors can use third parties to help fulfill obligations but remain responsible for their actions.

Mindmap

Keywords

💡Obligatory Relationship

An obligatory relationship, or 'rapporto obbligatorio' in Italian, is a legal bond between two parties: a debtor and a creditor. The debtor is bound to a certain conduct towards the creditor, which can be to do something, to give something, or to refrain from doing something. This concept is central to the video's theme of legal obligations and their enforcement. For example, the script mentions a scenario where a person loses their dog and offers a reward to anyone who returns it, thereby creating an obligatory relationship with an unknown creditor (the person who finds the dog).

💡Debtor

A debtor is an individual who has a legal obligation to perform a certain act, give something, or refrain from an action in favor of another party, known as the creditor. In the context of the video, the debtor is the person who has lost their dog and is offering a reward, thus obligating themselves to pay the promised sum if the dog is returned.

💡Creditor

A creditor is the party to whom the debtor owes a duty or obligation. They benefit from the debtor's performance of the agreed-upon action. In the provided script, the creditor is not known initially; it could be anyone who finds and returns the lost dog, thus becoming the beneficiary of the debtor's obligation to pay the reward.

💡Performance

Performance, or 'prestazione' in Italian, refers to the act or conduct that the debtor is obliged to carry out for the benefit of the creditor. It is a key element in the video's discussion of obligations, as it defines the nature of the debtor's commitment. The script specifies that performance must have a monetary or economic value, such as paying a sum of money or delivering a good.

💡Interest

Interest, in the legal sense, refers to the benefit or advantage that the creditor expects to gain from the debtor's performance. It is mentioned in the script as something that can be either monetary or non-monetary in nature. For instance, the interest of a creditor in receiving a train ticket is to use it for travel, which has a practical, non-monetary value.

💡Sources of Obligations

The video discusses various sources from which obligations arise, such as contracts, wrongful acts, unilateral promises to the public, and unjust enrichment. These sources are the legal grounds that give rise to the obligatory relationship between debtor and creditor. The script uses the example of a lost dog and a reward as a case of a unilateral promise to the public creating an obligation.

💡Unilateral Promise

A unilateral promise is a commitment made by one party to another, without the need for a reciprocal commitment. The script illustrates this with the example of a lost dog, where the owner's promise of a reward is a unilateral promise that creates an obligation once the dog is found and returned.

💡Management of Other's Affairs

The management of other's affairs, or 'gestione di affari altrui' in Italian, is a source of obligations where one party acts on behalf of another, and the latter benefits from these actions. The video gives the example of a neighbor calling an ambulance for an ill person, thereby incurring expenses that the ill person is obligated to reimburse.

💡Overpayment

Overpayment occurs when a debtor pays more than what is owed to the creditor. The video script explains that the creditor is then obligated to return the excess amount paid. This concept is tied to the theme of fairness and accuracy in financial transactions within obligatory relationships.

💡Unjust Enrichment

Unjust enrichment is a legal concept where one party becomes richer at the expense of another without a legal justification. The video mentions that if someone becomes enriched through theft or other unjust means, they are obligated to compensate the person they have wronged. For example, if a thief steals a bicycle and later sells it, they are obligated to compensate the original owner for their enrichment.

💡Correctness and Diligence

The video emphasizes two fundamental rules in obligatory relationships: correctness ('correttezza') and diligence ('diligenza'). Correctness requires both debtor and creditor to act in a fair and honest manner, while diligence, likened to the care of a good family father, requires them to be attentive and scrupulous. These rules are crucial for the proper fulfillment of obligations and maintaining the integrity of the relationship.

Highlights

Chapter 10 discusses the concept of an obligatory relationship, starting with the definition of an obligation as a bond between a debtor and a creditor.

An obligation is a commitment to a certain conduct towards the creditor, which can be to do, not to do, or give something.

The debtor and creditor can be identified at the time the obligation arises or at a later time, such as in the case of a lost dog and a public reward offer.

The performance (prestazione) is the object of the obligation and must have a monetary value for it to be compensable.

Non-monetary values like love or friendship cannot be the object of an obligation as they cannot be economically assessed.

The rationale behind requiring a monetary character for performance is to ensure the creditor can be compensated if the debtor fails to fulfill the obligation.

Article 1173 lists the sources of obligations, which include contract, unlawful act, and any other act capable of producing an obligation.

A contract is an agreement between two parties, one as creditor and the other as debtor, with an object of performance.

An unlawful act (fatto illecito) obligates the person who caused unjust damage to another to compensate for the harm.

Unilateral and public promises, such as offering a reward for finding a lost item, create obligations when the subject performing the act is identified.

Managing someone else's affairs (gestione di affari altrui) can create an obligation to compensate the person who benefits from the managed affairs.

Payment of an undue debt (pagamento dell'indebito) obligates the creditor to return the excess amount paid by the debtor.

Enrichment without cause (arricchimento senza causa) is a source of obligation where one who unjustly enriches at the expense of another must compensate them.

Distinguishing between conduct to be done, not done, or given helps clarify the types of obligations that can be established.

Fungible obligations are those that can be performed by someone other than the debtor, unlike non-fungible obligations that must be performed by the debtor themselves.

Result obligations focus on achieving a goal, while means obligations involve a process with no guarantee of the outcome.

The fundamental rules of correctness (articolo 1175) and diligence (articolo 1176) must be followed in an obligatory relationship.

Diligence in obligations of means requires a higher standard than the diligence of a good family man, necessitating professional diligence.

The debtor can use the help of third parties to fulfill the obligation but remains responsible for their actions.