Leonardo Ferrara

The reasons in support of the distinction between subjective right and legitimate interest and the reasons against it

  • Abstract

Informations and abstract

Keywords: subjective right, legitimate interest, duty, obligation, constitutive fact, standing, judicial sentence.

The essay analyzes the reasons that still keep alive the distinction between legitimate interest and subjective right, as well as those that push towards its definitive overcoming. In particular, the paper shows that the unification of subjective juridical situations is affirmed by doctrine, without drawing all the necessary implications. These implications can be detected with regard to the following conceptual issues: the predictability of the right-obligation couple, the identification of the protected interest, the existence and relevance of the constitutive fact of the legitimate interest, the extent of legal standing, the scope and nature of jurisdictional protection.

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