Individual and Personalistic Approaches to Property Rights in the Italian Legal System. The Role of Collective Ownership in Rural and Urban Contexts

This presentation examines the evolution of property rights in the Italian legal system, from the individualistic model embodied in the Civil Code to the constitutional reinterpretation of property through its social function. It explores how this shift has influenced the protection of cultural goods, the recognition of collective ownership under Law No. 168/2017, and contemporary debates on commons. Particular attention is devoted to collective property, which offers a paradigmatic example of the tension between public and private interests, as rights are vested not only in individuals but in the community as a whole and its members insofar as they belong to it.