Situazioni di fatto e tutela del diritto all'abitazione

Identifier:  TDX:3216

Handle: https://hdl.handle.net/20.500.11797/TDX3216

Authors:  Dinisi, Alessandro

Abstract:
In civil law countries, legal studies commonly analyse property rights and possessio in patrimonial terms, without taking into due account the nonpecuniary interests involved in the enjoyment of some particular kinds of goods. The research aims at filling this gap, investigating how the civil law institution of possession may be rethought, in order to give adequate protection to one person’s fundamental interest of housing whenever s/he lacks a legitimate legal basis. Moving from an overview of the Italian law of possession, the study integrates the civil law approach with the human rights doctrine to show the impact of the multi-level constitutional notion of the right of housing (art. 2 Italian Constitution, art. 7 CFREU, art. 8 ECHR) on the traditional remedial framework of possessory situations. The effects of housing right in civil law regulation are then tested in various living situations, characterized by a different degree of exclusion and conflict (i.e. de facto cohabitation outside marriage and squatting). In particular, the thesis addresses two different types of conflicts: that arising between the possessor and the owner, on the one hand, and that of the possessor and third parties, on the other. For the first case, it considers how the owner’s lack of use of his/her property may influence the degree of protection to be granted to the possessor and justify a limitation of the opposing property right. For the second case, it shows how the fundamental nature of the right to housing may justify a stronger protection of the house possessor against third parties’ unlawful taking or disturbance.