The concept of collective property in Italian law has undergone significant changes, reflecting broader socio-political and legal developments. From its marginalization under the individualistic paradigm of private property, embraced by post-Unification codification, to its contemporary resurgence as a model for sustainable ownership, collective property represents a resilient institution that is the subject of renewed interest in the face of today's environmental challenges. This paper examines the historical trajectory of collective property, its legal recognition, and its potential role in fostering a new paradigm of property ownership that aligns with ecological sustainability and solidarity. Recent legislative developments and doctrinal debates indicate a growing scholarly interest in collective property as a means to reconcile property rights with ecological imperatives, positioning it as a viable alternative to the classical liberal conception of private property.
Collective Property in Italy: A Story of Resilience and Rebirth. [Własność zbiorowa we Włoszech: historia odporności i odrodzenia]
Sabrina Praduroux
2025-01-01
Abstract
The concept of collective property in Italian law has undergone significant changes, reflecting broader socio-political and legal developments. From its marginalization under the individualistic paradigm of private property, embraced by post-Unification codification, to its contemporary resurgence as a model for sustainable ownership, collective property represents a resilient institution that is the subject of renewed interest in the face of today's environmental challenges. This paper examines the historical trajectory of collective property, its legal recognition, and its potential role in fostering a new paradigm of property ownership that aligns with ecological sustainability and solidarity. Recent legislative developments and doctrinal debates indicate a growing scholarly interest in collective property as a means to reconcile property rights with ecological imperatives, positioning it as a viable alternative to the classical liberal conception of private property.| File | Dimensione | Formato | |
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Praduroux Collective Property.pdf
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