Crisi della demanialità e funzione sociale dei beni pubblici nella prospettiva costituzionale. Verso i beni comuni

Abstract

The text treats the theme of the social function of the public goods and the crisis of the juridical category of the property and of the public property, according to some historical periods. Beginning from the roman law, that realizes a space in which determined public goods result more directed to the function rather than to the property regime, for then to land to the nineteenth-century codifications, in which prevails the category of the public good in public property, rather than the public good in public use. In the evolutionary transformation, the text treats the theme of the category of the commons, as suggestive declination of the public goods for public use and not in public property.