The obligatory relation, i: the requirements and importance of the creditor´s interest that originate the obligatory relation in spanish law compared to its roman origins

Abstract

The importance of patrimoniality is more relevant since the works of Savigny concerning to the requirements of the law of obligations in Roman law where the patrimoniality was an essential requirement and obligations that did not have it were no valid as legal ones. Contrary to this idea are Ihering and Windscheid that think obligations are in force if they contain an interest that must be protected even if it is not a patrimonial one. this is the point of view from which the modern doctrine and the later codification over the world take different solutions to these cases where the interest (economical, social, spiritual…) takes importance- as must be satisfied- and where the thinking of Scialoja plays an important role and is a point of reference.