Splendori e miserie dell’art. 844 c.c. Dalle logiche proprietarie e produttivistiche ad una rinnovata protezione della salute e dell’ambiente nel prisma assiologico della centralità della persona

The essay examines the origins of art. 844 cc with a constitutional interpretation of the provision in an axiological sense also in its relations with general principles of tort law. This means, today more than ever, evaluating and reconciling the needs of production with the implications of environmental and landscape sustainability and respect for the existential value and psycho-physical well-being and right to health. It is necessary to make a reversal of perspective: in the regulatory system gradually restructured and adapted to sustainability in the implementation of activities of enterprise, the art. 844 of the civil code it must be interpreted as a regulation that also protects health and the environment and not as a compromise rule for the economy or the enjoyment of property.