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Vecchi e nuovi problemi in materia di accessione

Il caso delle “darsene a secco”, tra espansione demaniale e remunerazione degli investimenti privati

Paolo Brambilla    



The article focuses on the art. 943 of the italian civil code, which provides that land appearing at the upper levels of a lake or pond, however, belongs to the owner of the sheet of water. The italian courts decided that this rule would allow the State (who traditionally owns lakes and ponds) to acquire the property of a (private) land area that is intentionally inundated by the water of the lakes (and ponds), to create a private port (the so-called “darsene a secco”). Overturning, in that way, the purpose of the aforementioned rule of the civil code. The italian courts perspective leads to wonder if this interpretation of the art. 943 could be extended to other cases not specifically regulated by the article (i.e., for istance, lagoons), providing a new general principle of civil law.