During the last few years, the commons as a category, have taken their place in the European debate, they constitute a key element for the organisation of theories and experiences that would help defining alternative patterns, from below, for the relations between people and commons, beyond the public/private pattern, with an emphasis on access, participation, distribution, and democracy. From this perspective, one of the most interesting experiences is without doubt the Italian experience of commons, which were at the centre of successful political battles and, at the same time, penetrated deep into the Italian legal order, thus creating the initial conditions for innovative institutional mechanisms. This article studies, from a mostly legal point of view, the Italian experience of commons and urban commons and aims to show how this experience defines the theoretical initial conditions for an “internal rupture” of certain categories of the Western legal tradition.