Muri tra Stati e muri tra fondi privati
DI MARIO CALOGERO
ABSTRACT – In this paper the author addresses the issue of the national border walls through an analysis about the individual property law and the ius excludendi alios, whose ratio seems to echo the same interests and objectives that drive national states in erecting border walls. After a brief reconstruction of the private property in Italian civil code, the author’s argument is that the ius excludendi alios is not to be conceived as an individual absolute right, since it is constrained by the Constitutional principles on property. In the last part, the author analyzes the joint ownership of the boundary walls or markes, under which no one of the bordering owners may be the sole proprietary, and he expresses the idea that the underlying logic of the private-borders joint ownership may suggest national states to rethink the idea of exclusiveness of national boundaries.
KEYWORDS – Wall, Property Law, National borders, ius excludendi alios, joint ownwrship.