Article 17 Universal Declaration of Human Rights

 

"Everyone has the right to own property alone as well as in association with others.
No one shall be arbitrarily deprived of his property".
 

In Italian civil code (article 832) Property is defined as the real right that give at the owner the faculty of full and exclusive use on a specific good.

This faculty is submitted to a social function, in fact Italian law regulate property for make this accessible for all.

On one hand first part of article seventeen follows the line of Italian Constitution and Civil Code but on the other hand in the second part "no one shall be arbitrarily deprived of his property" come into conflict with a part of constitutional articles.

Article 42 of Italian constitution said that "Private property may, in the cases provided for by law, and subject to compensation, be expropriated for reasons of general interest."

Although expropriation could satisfy a public needs at the same time owner couldn't agree to sell the good, thus state decision could be arbitrarily.

We should say that owner could start a proceeding against the expropriation and we must bearing in mind that if  the sentence will confirm State decision the owner will receive an indemnity based on a expert appraisal.

I think that the right of property is very important , because each one is owner of some things and this situation guarantee social order.

At the same time i agree with Constitution that is important to  protect individual freedom, but there are exceptional cases in which is more important Common needs.

I think is right that the person deprived of his property must compensate reconciling interest of the  individual and of the State.