L'INTERESSE NON PATRIMONIALE DEL CREDITORE NEL RAPPORTO OBBLIGATORIO

Non pecuniary interest in obligations and contractual bonds Obligatio est iuris vinculum, quo necessitate adstringimur alicuius rei solvendae secundum nostrae civitatis iura: the bond is configured, in other words, in our Country, as a legal bond rising by reports that people, in their everyday life, establish each other. The bond is, therefore, the result of the natural attitude of persons to create relationships in order to satisfy needs that arise from living in a civil society. Roman law attributes to those relationship a binding force, and believes that the parties are required to observe the agreement, that is called "obligation". Subjects involved in it are defined creditor (the person who wants to meet their own expectations) and the debtor (the person who is available to satisfy the need of creditor). Among the elements that, from a descriptive point of view, be regarded as constituting obligations, particular emphasis is given to the - so called - legal constraint and to the interest focused in it. The notion of "creditor's interest" indicates its expectation, achievable by running the mandatory report, but also the utility which he reaches through the debtor's performance. The interest is therefore an aspiration, an address of the will, an assessment is not necessarily linked to the heritage but also resulting from personal needs and life of the creditor. In 1942, italian law introduced in our legal system a new provision, unknown till that moment: it is the article n. 1174 cc , rule enacted with the purpose of giving practical configuration of the obligatory relationship" (n. 557 ) . The article involved, confirms once for all, the crucial elements that characterize the legal obligation: on the one hand there is the performance, on the other hand the interest of the lender that may have nature also non-pecuniary. The present work has the purpose to discover the pregnance and importance that creditor interest's has in legal relationships and it wants, also, compare italian experience with experiences of other european countries about non pecuniary interests involved in contracts underlying the new orientation of Courts that more and more are oriented to recognize and restore non pecuniary contractual losses