Gli usi civici e i domini collettivi tra questioni di giurisdizione e di tutela del patrimonio culturale

This essay aims to analyse two main aspects of the regulation of collective land ownership systems in Italy. First of all, the ‘hybrid’ nature of the state legislation traditionally related to civil law that, nowadays, seems to have adopted some characteristics that strictly belong to the domain of public law. This leads to the need to investigate the relevance of the judicial function that a ‘special judge’ such as the Liquidator for Civic Uses (‘Commissario liquidatore degli usi civici’) still has. Another important aspect concerns the cultural component of the civic uses of the landscape that has become part of the collective property. The Law no 168/2017 strongly emphasises this aspect as it imposes their cultural safeguard. In this context, there are two highly interesting aspects: on the one hand, the reference of collective land ownership systems to the protection of what is defined as the ‘primary’ interest (‘interesse sensibile’); on the other hand, their anthropological dimension, which is protected by international conventions such as the Faro Convention ratified in 2020 by Italy (Council of Europe Framework Convention on the Value of Cultural Heritage for Society)