Convenzioni urbanistiche: cessione delle aree come ‘diritto’ e sua imprescrittibilità

Abstract

The study starts from the controversial jurisprudential solution regarding the legal treatment to be reserved for the transfers of land in favor of the Municipality, on the occasion of the completion of urban planning agreements: at least insofar as those 'modules of consent' are associated with purely obligatory effects. From here, passing through an epistemological and dogmatic ‘revisitation’ of the reference institutions, the proposition of a ‘public subjective right’, vested in the administration, so as to allow dealing with the corresponding problems of availability-prescriptibility.