La messa in comunione nella prospettiva dell'effetto giuridico: una rilettura del cosiddetto contratto preunificativo di masse immobiliari

The paper analyses the legal effects of the placing in communion, revisiting the pre-unification contract of real estate masses. The lemma «communion» concerns a particular legal situation (real or not), while the expression «common multiple masses» is a short term that delineates an objective complex. Between communions and multiple masses there is no resemblance and the multiple masses, as long as they are not dissolved, represent neither a problem nor a question. The theme then is the division of multiple masses. The cases presented as exceptions to the multiple masses are most often not, because they do not constitute any exception from the ordinary rule. Private autonomy has the faculty of implementing a contract for the pre-unification of masses, to converge into a single community of blocks of assets. The norms of reference are limited to enunciating a possible effect of the transfer contracts and a suitable justification is not identified, as it is convoluted to understand how, in the absence of transfer, the properties in community are part of the same mass. It follows that the placing in communion is not a typical and special contract, but an effect, that is to say a consequence or, more exactly, a matter of legal duty or obligation.