Self-determination as a coelement contributing to the genesis of the regulation of interests in public relationships. Impact of the application of the act of negotiation autonomy in a subsidiary or substitute function of the administrative provision

Abstract

The methodological choice and the hermeneutic option chosen were oriented towards identifying the implications of the regulation of the art. 2645 quater of the Civil Code on the recognition of the freedom to establish, in a regime of autonomy, restrictions on assets, not only for the pursuit of benefits relating to real estate ownership but, also and above all, based on the interests of the person. An approach inclined to safeguard flexibility and functional subsidiarity underlines the limit to the power or faculty of the owner to identify and fix the functional destination of the asset once this has been predetermined by the law. The reference to use evokes the power of enjoyment and, in particular, the benefits that can be derived from the good. Therefore, a first order of issues concerns the selection of utilities susceptible to apprehension. For example, it allows the transcription of destination constraints that arise following the so-called. unilateral acts of obligation in favor of Municipalities or Regions. An example of this are the restrictions with which a property is used for parking, agricultural or tourist uses. Furthermore, the constraint may consist of a commitment not to build for the entire volume available, in order to allow third parties to use the residual volume to build on a larger volume. Negotiative cultural constraints can also be used in the context of agreements for the valorisation of cultural heritage. A further operational area was found in the urban fabric where a complexity manifests itself due to the interrelationship not only of the real relationships with the state apparatus but also to the growing needs of sociality and use of common spaces in a contemporary vision of the city to which a planning capacity and a planning connotation aimed at promoting economic-social cohesion and quality of life are not unrelated. Among these constraints are those envisaged in the urban planning instruments (in a solidarity and territorial governance dimension). For example, contracts classified and for some profiles qualified under public law or for a public purpose which are in turn divided into subcategories into «accessory», «auxiliary» and «replacement» contracts as well as, more generally, contractual activity CD. of private law instrumental to the pursuit of functional action for the promotion of the person.