Proprietà e diritto a essere inclusi = Property and the right to be included

The article deals with the role that the right to exclude plays within property law. In the first part, it illustrates how the jus excludendi developed in Italian law and in common law countries and highlights its centrality in the property discourse. Then, it moves to analyze some limits that the right to exclude presents, defining them as a right to be included in a weak sense. In the last part, the article intro-duces the right to be included in a strong sense, using two case studies to show how it operates. Some reasons justifying a strong version of the right to be in-cluded are advanced, showing how these reasons can be relevant for discussions about the commons.