LA PROPRIETÀ COLLETTIVA IN ITALIA, CON PARTICOLARE ATTENZIONE AI TERRITORI DELL'EX STATO PONTIFICIO, E IN SPAGNA LA PROPIEDAD COLECTIVA EN ITALIA, CON ESPECIAL ATENCIÓN A LOS TERRITORIOS DEL EX ESTADO PONTIFICIO, Y EN ESPAÑA

This work offers a broad perspective on collective land property, from medieval written testimonies to the current reality, as an epilogue to the tireless defense of the community against usurpations and state attacks that progressively began in the 15th century and culminated in 1800, highlighting the fascinating analogies existing in Italy, with special attention to the territory of the former Papal State, and in Spain, as well as the role that the titular community has had and continues to have in both countries. Collective property, so deeply rooted in territorial particularism, proves to be a wide and common phenomenon that can be found, with the same characteristics, even in distant times and places. The present research, carried out in a comparative key and developed through the search and analysis of archives, the study of ancient documents, even unpublished ones, the examination of doctrine and jurisprudence, as well as legislation, allows for the discovery of a history, a destiny, and a common attitude towards this peculiar form of land belonging. Thus, it emerges how close these two peoples are and how collective property is strongly felt and inherent in the life of local communities, surviving to this day, still vital as a proprietary system different from the individual one in both Italy and Spain.