Poteri proprietari nel sottosuolo e responsabilità: annotazioni sugli arti. 840 e 2053 c.c.

The article analyzes the relationship between the rules provided by the Italian civil code, one regarding the owner’s powers in subsoil ( art. 840 c.c. ) and the other that attributes the owner’s liability for damages to third parties resulting from the collapse of their building ( art. 2053 c.c. ). Moving from a recent case decided by the Italian supreme Court, it examines the potential conflicts between a rule concerning powers and another that identifies liability, criticizing the interpretation adopted by the Corte di Cassazione that limits the application of a no-fault liability rule to subsoil collapses.