Lauretta Maganzani

This paper deals with the history of the types of contracts starting from Roman Law to the nowadays legal systems of the European continent throughout the medieval and early modern tradition...

A characteristic of the institutional works of the third century A.D. is, above all, the presence particularly inside their proemes of a series of varied precepts based on ethicalphilosophical principles, more or less re-elaborated by the authors in a more typically technicaljuridical perspective: on the basis both of this fact and the exegesis of the fragments concerned, one could think that in the conception of the Severian jurists the law school was the privileged place for the general (technical but also ethical) training of the individual, even more and in a better way than the schools of the ancient philosophical tradition that were spread all over the empire during that time...

The discipline of art. 948 of the Italian civil code on ownership claim has been strongly influenced by the historical tradition and represents an exception to the today general principle of the atypical nature of the claim...

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.