Note in tema di struttura e funzione delle obbligazioni soggettivamente complesse, a margine di Cass. 8151/2020

Abstract

Taking as a starting point Order N. 8151/2020 of the Supreme Court of Cassation, concerning ‘parallel’ executive proceedings against each of two debtors, the Author reflects on the potential conflict that may arise between the mere valorization of the structure of solidary obligation and its function that nowadays cannot be anything but richer and more articulated than that consigned to the plot of the Civil Code and reflected in the ordering categories of the Civil Law tradition. A richer and more articulated function precisely because it is enlivened by the different perspective imposed by the fundamental principles of Constitution, starting with those of the primacy of the person and social solidarity. The investigation broadens out to other hypotheses that allow one to glimpse a more overall twisting of the bond of solidarity towards forms that show its original rigor attenuated with respect to specific underlying interests, which however lead back to the position of the passive subjects.