Journal title DE IUSTITIA ET IURE
Author/s Antonio Tommaso De Mauro
Publishing Year 2025 Issue 2025/1
Language Italian Pages 19 P. 113-131 File size 0 KB
DOI 10.3280/ius2025oa20299
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The author argues that the legal construct of the renunciation of the right of ownership must be viewed and interpreted in light of the “social function” attributed to such right by the Constitution. The admissibility of this legal mechanism risks concealing, under the guise of the legitimate negative exercise of a right or libertarian claims, what may in fact amount to a “abuse”, whose sole purpose is to dispose of a burdensome asset. The risk lies in endorsing a notion of private property as a manifestation of individual selfishness, from which only benefits are derived, while any burdens and costs are offloaded onto the community. Such a conception is in contrast both with Article 42 of the Constitution, which acknowledges private ownership as indissolubly linked to the pursuit of a social function, and with Article 2, which identifies respect for the principle of solidarity as the cornerstone of democratic coexistence, a principle clearly undermined by dismissive conduct affecting real estate deemed no longer economically advantageous.
Keywords: ; renunciation, right of ownership, social function of property, dereliction, real estate, divestment
Antonio Tommaso De Mauro, La rinuncia alla proprietà tra istanze egoistiche e funzione sociale in "DE IUSTITIA ET IURE" 1/2025, pp 113-131, DOI: 10.3280/ius2025oa20299