Common rules. Regolazione dei beni comuni imprenditoriali e neo-funzionalismo del diritto commerciale

It is appropriate to design business law models that take into account the regulation of the commons, as well as the respective forms of corporate governance. At present, convinced inputs come in particular from economists; whereas, legally, these approaches are mostly adopted by those who endorse extreme theses, or adapt to limited contexts of social cooperation and to the third sector. Commercial law effectively supports ongoing processes, but does not yet innovate with coherent system solutions. Regulatory intervention should concern the sharing of resources, rather than the discipline of subjects; and define common goods, especially corporate ones, with regulation of entrepreneurial activities to protect shared fundamental rights.