Rileggere oggi il volume di Rosario Nicolò sull’adempimento dell’obbligo altrui

Rosario Nicolò’s 1936 book on the fulfilment of another’s obligation continues to represent an essential point of reference for contemporary jurists, both theoretical and practical. From a theoretical point of view, the book offers a solid system of the institution of obligation, attributing to each of the two poles of the relationship an adequate position; in this perspective, the pre-eminent position must be recognized to the interest of the creditor, with respect to which the performance of the debtor constitutes (not the only one, but rather) one of the means of satisfaction. In subsequent doctrine, Nicolò’s theses have found support (for example in Mengoni), but also dissents (for example Giorgianni). The case-law panorama, however, offers numerous examples of concrete events with respect to which Nicolò’s theses have a lasting relevance; this is the case of bankruptcy procedures, personal guarantees, subrogation