Patrimonial liability. Real guarantees

An examination of patrimonial responsibility (henceforth: rp) that aims, today, to go just a little beyond an orderly survey of the state of the art, cannot fail to register a fading (or, indeed, a decline) of our institution: and this is both from a theoretical and a practical-applicative perspective. From a theoretical point of view, because, in the end, after a very fervent debate, which lasted until the entry into force of the '42 code, the idea prevailed that the essence of the obligation lies in cooperation, or in the conduct due from the debtor and in the performance expected from the creditor. From a practical-applicative point of view, because the RP has been affected by erosive phenomena of various types (I am thinking, fundamentally, of the generalization of the binomial "over-indebtedness-debt relief", the spread of contractual instruments inspired by the need to set up forms of executive self-protection and, finally, the phenomenon of separate estates) which have depressed its operability.