Ubi feuda, ibi demania. Per uno studio del feudo come ordinamento giuridico

The paper deals with the oldest jurisprudential orientation in Italian Supreme Court jurisprudence: ubi feuda, ibi demania. According to this doctrine, the historical proof of a feudal lordship in a given territory implies the existence of collective property over a part of it. The courts justify the principle on a long tradition derived from medieval ius commune. In reality, this is a rule of conflict that modern case law constructs to relate two legal systems: the ancient one, which created a right over land, and the modern one, which must transform it into a different property type.