The issue of access to another’s land, governed by sect. 843 of the Italian Civil Code, has sometimes been addressed using the conceptual and regulatory framework of “self-defense”. In reality, these are situations in which the owner’s consent to the qualified entry of others is crucial. In particular, it is necessary to distinguish the meanings and functions of sections 842, 843, 924, and 925 of the Italian Civil Code, reflecting upon the “hidden face” of ownership.
Accesso al fondo e consenso del proprietario: appunti sull'art. 843 c.c.
Edoardo pesce
2026-01-01
Abstract
The issue of access to another’s land, governed by sect. 843 of the Italian Civil Code, has sometimes been addressed using the conceptual and regulatory framework of “self-defense”. In reality, these are situations in which the owner’s consent to the qualified entry of others is crucial. In particular, it is necessary to distinguish the meanings and functions of sections 842, 843, 924, and 925 of the Italian Civil Code, reflecting upon the “hidden face” of ownership.
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