I "beni comuni"

The term “common good” has been diffused among the recent doctrine as a good which concerns new resourses and which cannot be managed by the private or public property method. Nevertheless has been objected that in our legal system the theory of common good finds a limit in the art 42 of the Constitution, co, 1, under which common goods must be owned only by the State, bodies or private subjects. In order to overtake such problems, the doctrine has referred to art. 43 of the Constitution, as well as the collective property concept. But the cited rule concerns only entrepreneurial and not properties activities, whereas the common property concept doesn’t find a legal reason in our system. The economic doctrine developed the common goods concept by demonstrating that some goods can be managed more efficiently if entrusted to a community. Given that, it is necessary explain that the goods considered as common, basically correspond to the goods qualified as state ownemd in our legal system. The addition to this is that the comon goods could remain as state owned, while their managment, performed by a public subject, could absorb the single community request.