
Per un approccio giuridico ai beni comuni. Questioni di metodo, ambito del tema e spunti ricostruttivi
In: Bullettino dell'Istituto di Diritto Romano "Vittorio Scialoja": 8, 2018
DOI: 10.1400/272847
The article deals with the topic of the ‘commons’. It is about those natural or artificial things that are essential for the life of humankind and for this reason they can not be in the exclusive possession of anyone. Furthermore, they must be preserved for future generations. The topic is considered of great importance and for this reason it is suggested to elaborate a new legal category. To this end the different kinds of properties are studied. In order to guarantee the rational foundation of the legal reasoning the historical knowledge of the institutes and the results of the ecology are considered indispensable. Neither the public administration, nor any private owner should have the exclusive power to manage these assets. Each person should be guaranteed the chance to take legal action to assert the right of individual enjoyment and collective management of the aforementioned assets.