DI ANNAMARIA ABBRUZZESE
Abstract – Property, a real right for excellence, has undergone several conceptual transformations over time: from being decomposed, absolute and individualistic, it has taken on a solidarity and social connotation with the advent of the Constitution and its formal reference to the ‘social function’, thus introducing limits to the right of property, through the failure to assign certain faculties, or by imposing the obligation to exercise them as an evaluation conducted in the light of the principles and founding values of the legal system. In relation to the aforementioned limitations, also the renunciation of the right of ownership must take into account the obligations that weigh on the owner, the relational dynamics that characterize the property, as well as the merit of the related dismissal negotiation activity: a “controlled renunciation”, therefore, similarly to the German legal system where the waiver is subject to a “judgment of convenience”, which takes into due consideration the founding principles of the legal system, the interest of the community, the social function, as well as the absence of negative externalities towards third parties, functional to overcome legal concepts and categories in the light of the concrete interests involved.
Keywords – property right – renunciation – controlled renunciation – social function – Constitution – comparative law