La rinunzia alla proprietà immobiliare tra efficienza allocativa e ragioni di bilancio

The essay focuses on the issue of abdicative renunciation of real property, in support of the general admissibility of the act, based on the owner’s dominional powers, in accordance with the judgement of the Joint Session of the Court of Cassation n. 23093 of 2025. The judgement does not fail to raise some doubts on some argumentative passages, but the adoption of a perspective that looks at the act of private autonomy and not at its indirect effects it’s commendable in order to find a solution between the different thesis. The renunciation, moreover, has its cause in itself, but it produces the vacation of the good and the consequence of the acquisition of the State pursuant to art. 827 of the Civil Code. The acquisition of the State is further justified under the specter of the social function of private property even when the renunciation reflects private reasons of economic convenience. It demonstrates the need to make allocative efficiency prevail over affordability. The purchase of the property renounced in favor of the State would ensure a better allocation of resources, than that resulting from the property remaining in the hands of a disinterested owner. Finally, it’s possible to note the vagueness and unreasonableness of the new rule contained in the 2026 budgetary law, which provides for the nullity of any renunciation without compliance documentation with current legislation (which will require the legislator to inevitably reformulate it).