Sovraindebitamento e responsabilità patrimoniale

Abstract

The article critically investigates the relationship between the issue of over-indebtedness and, in particular, that of discharge from bankruptcy, highlighting the problematic relationship with the debtor’s financial liability and the impact on the statute of the obligation. In this sense, the rule on discharge from bankruptcy is examined, stigmatizing both its linguistic inaccuracy and the disorientation it produces in the interpreters. The essay then emphasizes the difficulties encountered by the process of integration of such rule into the system. From this point of view, there is a genetic mutation of the obligation, whose original status is radically changed.