Building upon a historical-sociological analysis of the Latin term vicinus, this article explores the legal regulation of neighbour relations from a historical-comparative perspective. It first observes that neither the Italian Civil Code of 1865 nor the current Civil Code of 1942 devotes a specific chapter to the subject, addressing neighbour relations only through a limited number of provisions concerning particular issues. The article then examines the markedly different approach adopted by the legislature of the People’s Republic of China. In the Civil Code of the PRC, which entered into force in 2021, Title VII of Book II is specifically dedicated to neighbour relations. The analysis shows that these provisions frame neighbour relations not merely as a means of resolving conflicts arising from the use of property, but also as a legal instrument for promoting social cooperation and advancing environmental protection. The Chinese model thus offers an alternative normative paradigm that places collective interests and sustainable coexistence at the centre of neighbourhood law.
Vinci, M. (2026). I rapporti di vicinato nella prospettiva del Codice civile cinese: cooperazione fra le persone e prevalenza della tutela ambientale. CODEX, 7, 537-550.
I rapporti di vicinato nella prospettiva del Codice civile cinese: cooperazione fra le persone e prevalenza della tutela ambientale.
Vinci
2026-10-01
Abstract
Building upon a historical-sociological analysis of the Latin term vicinus, this article explores the legal regulation of neighbour relations from a historical-comparative perspective. It first observes that neither the Italian Civil Code of 1865 nor the current Civil Code of 1942 devotes a specific chapter to the subject, addressing neighbour relations only through a limited number of provisions concerning particular issues. The article then examines the markedly different approach adopted by the legislature of the People’s Republic of China. In the Civil Code of the PRC, which entered into force in 2021, Title VII of Book II is specifically dedicated to neighbour relations. The analysis shows that these provisions frame neighbour relations not merely as a means of resolving conflicts arising from the use of property, but also as a legal instrument for promoting social cooperation and advancing environmental protection. The Chinese model thus offers an alternative normative paradigm that places collective interests and sustainable coexistence at the centre of neighbourhood law.| File | Dimensione | Formato | |
|---|---|---|---|
|
23 Vinci.pdf
non disponibili
Licenza:
Copyright dell'editore
Dimensione
646.3 kB
Formato
Adobe PDF
|
646.3 kB | Adobe PDF | Visualizza/Apri Richiedi una copia |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


