An Overview on Obligations and the Pecuniary Liability on the National Civil and Commercial Code
Keywords:
Credit, Obligation, ConstitutionalisationAbstract
This paper addresses some aspects of the new regulation for traditional “obligations” in the National Civil and Commercial Code which are inspired by the idea of the “constitutionalisation” of the private law. It especially addresses the concept of the credit–obligation, the natural obligations (now called “moral duty”), the abstract recognition of obligations, the limits to the “common pledge” of the creditors (imposed by the protection of housing as a human right), the common rules for direct actions, and the new regulation for the subrogation action.
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