Autore
Poli, Gianmarco

Titolo
L'interesse legittimo (di diritto amministrativo) nel prisma del diritto privato
Periodico
Diritto pubblico
Anno: 2012 - Fascicolo: 1 - Pagina iniziale: 81 - Pagina finale: 168

The aim of this contribution is to deal with the theme of legitimate interest inlight of the principal studies that civil law literature has devoted to the topic. Interestin the figure, in a disciplinary sector different from the original one, sprangfrom the need, particularly felt even in relations between private subjects, to placea check on the exercise of so-called private powers. Only some pieces of research,however, have concluded by affirming the right to standing in the privatelaw system of legitimate interest, since the predominant opinion has remained firmin maintaining that the civil system is the reign of (just) rights and obligations.Thus, an attempt has been made to highlight how the querelle that has arisen overthe matter of private powers, far from remaining a phenomenon circumscribedto the ambit of relations regulated by the Civil Code, has extended to include thetheme of public powers as well, concerning which the practical utility of the figuretraditionally indicated as legitimate interest has begun to be brought into question.More precisely, valorising the concept of legal relationship also in publiclaw, some scholarly circles have reached the conviction that, even with respectto administrative powers, the safeguarding of the citizen might be more effectivelyensured through the instrument of the obligatory relationship, i.e. by recognizingto the private subject real subjective rights to which correspond so manyobligations charged to the public administration. Against said conclusions, reachedby the most modern scholarship, this piece of research has attempted to verifythe possibility of obtaining equally satisfactory results, in terms of providingthe concerned party with guarantees, through a rereading from a relational standpointof the dialectic between power and legitimate interest.



SICI: 1721-8985(2012)1<81:LL(DAN>2.0.ZU;2-T
Testo completo: http://www.mulino.it/download/article/10.1438/38576
Testo completo alternativo: http://www.mulino.it/doi/10.1438/38576

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