DI ANNAMARIA ABBRUZZESE
ABSTRACT – The theme of common goods has been at the centre of a rich and intense legal debate for some time now, involving scholars from various disciplines. These are goods intended for “common use”, suitable for satisfying the fundamental rights of individuals and the community as a whole. However, the recent economic crisis, which has seen the weakening of the welfare state, the progressive deterioration and depletion of important common resources, and the privatisation of numerous public goods, makes it essential to consider how to protect and manage these goods, but above all how to enhance and preserve them for future generations. This paper aims to analyse the issue of common goods in a comparative perspective between common law and civil law legal systems, in order to identify, among the institutions present in both legal systems, those that are suitable for managing and preserving common goods. In this regard, trusts appear to be the key to resolving the issue of their protection, management and preservation, also for future generations.
KEYWORS – Common goods – Property – Feudalism – Privatization – Trust – Comparative law