Profili costituzionali del diritto delle locazioni immobiliari

[Machine translation] The contribution offers a systematic examination of the constitutional profiles of real estate tenancy law, proposing a reconstruction of the evolution of republican legislation and constitutional jurisprudence capable of critically observing the progressive irradiation of the civil system by the principle of substantive equality and solidarity, in the context of periodic balancing operations between property rights, tenant rights and general interest in access to housing. Focusing mainly on the events of residential leases and on the issue of the constitutional protection of the so-called right to housing, the second edition of the work also pays 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 tenancy relationships: a) absence of express textual references and references to the work of the Constituent Assembly; - III. (follows) b) considerations in the light of the economic and social function of the lease; - IV. (follows) 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. (follows): b) binding legislation; - VII. (follows): c) the fair fee regime; - VIII. (follows): d) the transitory discipline of 'agreements in derogation'; - IX. (follows): e) the current “double track” discipline. - 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 profiles: a) relationship between tax rules and civil regulations on leasing; - XII. (follows): 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 (continued): c) aspects of protecting competition: the enhancement of private autonomy in the matter of large leases; issues related to short rentals for tourist purposes; - XIV. (follows): d) leases and Covid-19 emergency. - XV. Tenancy law and right to housing: a) the subsidiary function of tenancy regulations with respect to housing policies: a chapter (closed?) of the implementing evolution of the constitutional principles of equality and solidarity; - XVI. (follows): b) the recognition and guarantee of the right to housing in constitutional jurisprudence in relation to tenancy law. - XVII. Almost a conclusion: tenancy law and form of state.