La rinuncia alla proprietà immobiliare al di là dei «diritti soggettivi» e delle «persone giuridiche»: spunti di riflessione in margine all’esperienza giuridica di Roma

Looking at the extensive debate that has developed in recent years about abdicative renunciation of property right, it is possible to discern the deep roots of the “serious interpretative difficulties” of the issue under consideration by the Court of Cassation. The author proposes to accompany this debate with the one fueled by Bernhard Windscheid in the mid-19th century on the classification of unclaimed inheritance as “rights without a subject”. There is a common denominator linking the debate on unclaimed inheritance to the current debate on the vacant properties: the use of the same legal categories of Pandectic system, “subjective right” and “legal person”. It is in the irreducible alternative between these two horns that the current debate on the abdicative renunciation of property right is insert, whose protagonists do not seem fully aware of the historical and legal roots of this dilemma.