Ripae fluminis e dissesti idrogeologici a Roma: fra indagine geomorfologica e riflessione giurisprudenziale
| JUS - 2010 - 1-2
ABSTRACT: Some important texts of Justinian’s Digest about rivers’ banks, riparian lands and flood problems will be re-examined considering the historical, juridical and epigraphic sources on the matter and the latest results of the archaeological and topographical research on rivers during the classical Roman empire : in particular, the juridical defi nitions of rivers’ banks, the problem of their exploitation for agriculture and commerce, their different regulation in the agri limitati and arcifi nii and the way adopted to avoid or reduce the damages caused by fl oods, inundations and land erosions will
be revised. In my opinion the essay shows that the Roman jurists were fully aware of the juridical and technical problems connected with the exploitation of rivers’ banks and, in order to avoid the consequences, sometimes devastating, of fl oods on the riparian lands, they often proposed equitable solutions conciliating the utilitas singulorum with the common interest
KEY WORDS: rivers’ banks, fl ood problems, Justinian’s Digest.
SOMMARIO: 1. Premessa – 2. La definizione della ripa fluminis in rapporto ai fenomeni fluviali – 3.Interventi pubblici e privati di tutela delle ripae.