Proprietà privata sostenibile: esperienze giuridiche europee di tutela privatistica dell'ambiente e del benessere della comunità

The article offers some reflections on the relationship between private property and sustainable development, starting from the analysis of examples concerning the influence of the principle of sustainability on property law drawn from some European legal experiences. In this context, two main tendencies emerge: on the one hand, the gradual erosion of the exclusiveness of the power of the landowner; on the other hand, the contribution of the owner to the promotion of an eco-compatible use of the land. The Author investigates how these two tendencies combine and evaluates if and how private property and sustainable development can be conciliated through rules and institutions of private law; a further aim being to verify how property law could contribute to the achievement of public goals, such as the protection of the environment and the wellness of people.