La tutela del terzo di buona fede nell’ipotesi di confisca a seguito di lottizzazione abusiva

Abstract

The protean nature of the confiscation has always placed the interpreter in front of great dilemmas in order not only to his qualification, now administrative, now criminal, now concerning category of security measures, but also, and above all, in relation to the subjects with whom it interfaces, in the ongoing dialogue with the procedural or substantial administrative system.

In this conversation that emerges from factual reality, not always and not fairly, the requests of subjects absorbed by the empirical substance of the security measures are listened to: third parties.

Here, the two-way substance of their dialogue brings with it questions aimed at answering problems relating to the particular case of the confiscation following illegal subdivision.

One wonders, who is the third? When is it possible to qualify his good faith?