Profili costituzionali del diritto delle locazioni immobiliari

[Autom. eng. transl.] The contribution offers a systematic examination of the constitutional profiles of real estate lease law, proposing a reconstruction of the evolution of republican legislation and constitutional jurisprudence capable of critically observing the progressive irradiation of the civil law by the principles of substantial equality and solidarity. , in the context of periodic balancing operations between proprietary rights, tenant rights and general interest in access to the home. Focusing mainly on the events of housing leases and on the question of the constitutional protection of the so-called right to housing, the second edition of the work also dedicates specific attention to commercial leases whose discipline has been particularly stressed by the economic and social consequences of the health emergency caused by the Covid-19 pandemic. SUMMARY: I. Introduction. - II. The constitutional relevance of lease relationships: a) absence of express textual references and references to the work of the Constituent Assembly; - III. (continues) b) considerations in the light of the economic and social function of the lease; - IV. (continued) c) relevant constitutional provisions and main constitutionally relevant aspects; - V. The evolution of rental law in special legislation in the light of constitutional jurisprudence: a) the "conflict" between the civil code and special laws; - VI. (continues): b) binding legislation; - VII. (continues): c) the fair rent regime; - VIII. (continues): d) the transitional discipline of "agreements in derogation"; - IX. (continues): e) the "double track" regulations in force. - X. The story of post-reform evictions and the transition to a new system of support for housing needs: the referee (the constitutional judge) warns and the sports club (the legislator) adapts, not without difficulty. - XI. Notes on other constitutionally relevant aspects: a) relationship between tax laws and civil laws on leasing; - XII. (continues): b) promotion of the real estate market and attention to housing needs in situations not characterized by social hardship: possible variations of rent to buy and real estate leasing; - XIII (continues): c) aspects of protection of competition: the enhancement of private autonomy in the matter of large leases; issues relating to short rentals for tourism purposes; - XIV. (continues): d) Covid-19 leases and emergency. - XV. Law of leases and right to housing: a) the subsidiary function of the regulation of leases in relation to housing policies: a (closed?) Chapter of the implementation evolution of the constitutional principles of equality and solidarity; - XVI. (continues): b) the recognition and guarantee of the right to housing in constitutional jurisprudence in relation to rental law. - XVII. Almost a conclusion: rental law and form of state.