Abstract

The slight interest of doctrine, especially more recent, and the absence of explicit constitutional standards and customary practice have sparked this investigation, essentially hinged on the question of whether or not an autonomous capacity of public law exists, distinct from that of private law. In this sense, it appeared impossible to explore the theme of capacity without preliminarily tackling the matter of the individual, the subject of right and the political/legal identity attributed to the same, recognised or granted in the different forms of State and government that have succeeded one another over time.