La responsabilità solidale del proprietario per i rifiuti abbandonati sul fondo (nota a Cons. Stato, sez. V, 19 marzo 2009, n. 1612)

Translated title of the contribution: [Autom. eng. transl.] The joint and several liability of the owner for the waste left on the bottom (note to Cons. Stato, section V, 19 March 2009, n. 1612)

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Abstract

[Autom. eng. transl.] According to the art. 192 Legislative Decree no. 152/2006 and previously to art. 14 Legislative Decree no. 22/1997 the order to remove the waste present on the fund can be addressed to the owner only when he has contributed, with his conduct at least negligently, to violate the obligation of abandonment or uncontrolled deposit of waste on the ground and in the soil : in fact, the legislator has not configured the owner's responsibility as objective - like an obligation propter rem -, but as a subjective responsibility, in which the fault or the intent integrate a constitutive element of the case. In particular, the owner's fault cannot be detected due to the failure to fence the fund: in fact, pursuant to art. 841 of the Civil Code, the closure of the fund is an option and never an obligation of the owner.
Translated title of the contribution[Autom. eng. transl.] The joint and several liability of the owner for the waste left on the bottom (note to Cons. Stato, section V, 19 March 2009, n. 1612)
Original languageItalian
Pages (from-to)231-236
Number of pages6
JournalURBANISTICA E APPALTI
Publication statusPublished - 2009

Keywords

  • ordine di rimozione
  • responsabilità
  • rifiuti

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