The essay explores the legal implications of short-term rentals concluded through digital platforms, analyzing their interaction with some of the traditional private law categories such as contract, and property. From a contractual perspective, it highlights the ambiguity surrounding the platform’s legal role in mediating contracts between hosts and guests, an issue still largely overlooked by legislation. With regard to property, the essay examines the legal tools available to condominium owners to safeguard the peace and livability of residential spaces when short-term rentals become a source of disruption. Special attention is given to the role and limits of contractual condominium regulations, which may impose restrictions on such activities but are subject to specific legal requirements. Finally, the analysis considers the broader public dimension of short-term rentals, which often affect entire neighborhoods, prompting local authorities to adopt regulatory responses that may restrict individual property rights in favor of collective interests.

Tina, S., Le locazioni brevi stipulate tramite piattaforme digitali tra diritto privato e diritto pubblico, <<JUS>>, 2025; 2025 (1): 61-97 [https://hdl.handle.net/10807/350171]

Le locazioni brevi stipulate tramite piattaforme digitali tra diritto privato e diritto pubblico

Tina, Sara
2025

Abstract

The essay explores the legal implications of short-term rentals concluded through digital platforms, analyzing their interaction with some of the traditional private law categories such as contract, and property. From a contractual perspective, it highlights the ambiguity surrounding the platform’s legal role in mediating contracts between hosts and guests, an issue still largely overlooked by legislation. With regard to property, the essay examines the legal tools available to condominium owners to safeguard the peace and livability of residential spaces when short-term rentals become a source of disruption. Special attention is given to the role and limits of contractual condominium regulations, which may impose restrictions on such activities but are subject to specific legal requirements. Finally, the analysis considers the broader public dimension of short-term rentals, which often affect entire neighborhoods, prompting local authorities to adopt regulatory responses that may restrict individual property rights in favor of collective interests.
2025
Italiano
JUS
Tina, S., Le locazioni brevi stipulate tramite piattaforme digitali tra diritto privato e diritto pubblico, <<JUS>>, 2025; 2025 (1): 61-97 [https://hdl.handle.net/10807/350171]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10807/350171
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