Scenari (relativamente) nuovi nel trattamento degli atti di disposizione ‘abusiva’ di beni d’uso civico: vincolo di destinazione, complementarizzazione dei principi, ‘tipo normativo’ di problema; implicazioni dell’accertamento in punto di responsabilità

Abstract

First of all, it seems necessary to clarify that the issue of the legal circulation of a property subject to civic uses must be distinguished from that of the related right of use.

In this latter regard, there is no doubt that the right of mixed use is unavailable to an individual citizen: since it is a situation connected to his or her subjective status, he or she cannot transfer it or have it acquired by prescription by anyone who does not claim a similar status; whereas, those who hold the relevant position will have no need to transfer a situation they already own, nor to acquire it by prescription. Apart from the previous case, transfers of civic use rights are permitted only under the conditions and methods established by national legislation, and with the implications in terms of the state ownership/de-state ownership of the respective lands.