Search results for "components' law framing"

Brevi note sulla qualificazione giuridica dei beni costituenti la rete ferroviaria

2015

The paper synthetically describes how Italian courts and scholars interpret- ed the legal transformations occurred to the railway market, and notably to the rail-network’s infrastructure components property regulation, since the end of the twentieth century. The authors refute the (prevailing) opinion assuming a substantial continuity between the current stage of regulation and the regime of public property provided by the 1942 civil code; they show the reasons why, on the contrary, the rail-network components have to be considered as goods sub- ject to private property law both on the formal and the substantial floor. For this purpose, the paper emphasizes how the public interests aimed by…