Servitù su res nullius. Fadda, Brugi e i diritti di collettività indeterminate

In the civil law culture of the early 20th century, the controversy between Carlo Fadda and Biagio Brugi over the admissibility of right of way (servitus) on nullius lands is a scene in which the contrasts between different viewpoints of the relationship with the Roman tradition and the modern needs for adaptation of the land use regime are revealed. The distinction, outlined by Fadda, between the position of the property and the position of the owner, and the concept of the permanent utilitas of the property, broaden the concept of the servitus: in this way, with respect to the well-known judicial affair on the public use of Villa Borghese, Fadda outlines a right of way for the benefit of the community and will go so far as to also admit reciprocal servitutes, as an instrument of urban self-regulation. Useful indications emerge from this debate for understanding the evolution of the study of property rights and collective interests between the 19th and 20th century.