Journal title AGRICOLTURA ISTITUZIONI MERCATI
Author/s Matteo Ferrari
Publishing Year 2018 Issue 2016/1
Language Italian Pages 44 P. 53-96 File size 356 KB
DOI 10.3280/AIM2016-001004
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The article considers whether a right to be included is compatible with agrarian property. While property is traditionally associated with the right to exclude, inclu-sion is a paradigm usually neglected in property analysis. First, the article analyses the role that the jus excludendi has in property law, highlighting how agricultural studies played a significant role in defining the concept of property limitations. Second, it introduces the concept of a ‘right to be included’ and distinguishes be-tween a weak and a strong version of such right, concluding that only the latter has a distinctive character. Indeed, while the weak version simply implies the right of third parties to use others’ resources, the strong version provides for the right of third parties to become co-owners of the resource at stake. Agrarian property offers some examples of the strong version of the right to be included. In particular, the article analyses the right to be included in two settings: agrarian col-lective property and Pdo and Pgi, showing how cooperation and territory play a crucial role in explaining the presence of a strong right to be included.
Keywords: Agrarian Property, Jus Excludendi, Right to be Included, Collective Property, Geographic Indications.
Matteo Ferrari, Proprietà agraria, territorio e inclusione in "AGRICOLTURA ISTITUZIONI MERCATI " 1/2016, pp 53-96, DOI: 10.3280/AIM2016-001004