In tema di proprietà: il modello romano nella tradizione giuridica

Abstract

We are back to discuss ownership. In fact, beyond all possible predictions, the history of property law is combined with that of fundamental human rights. The individual perspective of absoluteness, present in the codicistic tradition, the predominantly economic content of the property right, governed by the Constitution, are today deeply intertwined with the perspective of the protection and enhancement of the subject who owns it, in accordance with the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Charter of Fundamental Rights of the European Union (Charter of Nice). . This new perspective of protection is associated with the pluralism of legal systems, with the multilevel constitutional system Consequently, the millennial history of the institute - which finds its starting point in the historical experience of Roman law - is confronted with this new and complex dimension of law and legal systems which, against all appearances, does not seem to deny it but rather enrich its contents and perspectives.