Illegal occupation of property: a focus on the very modern theses elaborated both by doctrine and by Courts

Abstract

The Essay focuses on illegal occupation of property. A reconstruction of contending theses of the last few years, both by doctrine and jurisprudence is held. The author ananlyses pros and cons of the different theories, especially regarding the possibility of an identification in re ipsa of the damage suffered by the owner who has borne the occupation. Specific attention is paid to the analysis of a very recent sentence of the joint sections of the Cassation, trying out its impact on the debate in subiecta materia, that the author appreciates due to the acceptable soultion proposed by the Supreme Court.