Destinazione e fruibilità dei beni (di interesse pubblico). Spunti per una rivisitazione della dinamica regolativa

following the evolutionary trajectory of civil and public law which, on various occasions, have highlighted the failure of the “proprietary regime” as the keystone around which to formulate the rules intended to guarantee the collective interest. From this perspective it also offers a critical interpretation of the catdiscipline, does not lend itself to replacing the traditional categories, also highlighting that the superimposition of different conceptual categories (commons, public assets, landscape assets) lends itself to interpretations that are likely to ubi consistam of the initial category. From this point importance, but it struggles to emerge as a fundamental moment characterising the legal regime, regardless of its proprietary regime, ensuring the right balance between the general interest of the community and the imperatives of protecting fundamental individual rights.