Funzione sociale e ambientale della proprietà: una prospettiva di diritto comparato

This paper aims to explore the complex relationship between property and the environment. After having questioned the traditional “monolithic” vision of property as an unlimited right, that should be restricted only in exceptional circumstances, the paper proceeds, from a comparative point of view, to analyse the “social function” of property, which would represent the tool for a rethinking of property rights with greater attention being paid to environmental considerations. In this light, conclusively, it is highlighted that, according to important scholars, the long-established formula of the “social function” can now be translated into “environmental function”, orienting both the choices of public authorities in defining the legal framework for the exercise of property rights and the role of the owner who, overcoming individualistic logic, takes responsibility towards society.