Le obbligazioni di mezzi e di risultato
Author(s)
Vaccaro, Giovanni Edoardo
Date Issued
June 13, 2013
Type
Doctoral Thesis
Abstract
The distinction between obligation de moyens and obligation de résultat is a general summa
divisio that features a transnational nature. In fact, the eligibility of the dichotomy in question
involves aspects that go beyond the national legal system to project into a broader dimension
involving the construction technique of a common European law.
This division made it possible to analyze central issues of the theory of obligation in a modern
key. From such perspective, the object of the obligation and the creditor's interest represent
the poles within which it is considered necessary to focus research. In fact, the creditor's
interest is the core of the obligation around which its subject turns: the activity owed by the
debtor, i.e. performance.
The analysis of the ontological nature of the distinction has, therefore, been conducted
through a survey on the techniques of scientia iuris, which enable to filter due performance
and verify the interest to be met, in order to assess the relevance of the dichotomy in question.
The implementation of the performance due and the necessary realization of the interest of the
creditor lead, nonetheless, to assert the juridical irrelevance of the qualification of the
mandatory relation in terms of obligation de moyens or de résultat. This perspective allows us
to see the juridical futility of the distinction between obligation de moyens and de résultat.
Indeed, with this classification, juridical profiles erroneously overlap with merely empiricaleconomic
aspects.
Additional information
Dottorato di ricerca in Diritto dei contratti pubblici e privati
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