Search results for " praediorum"

Un'ipotesi sull'origine del non usus

2012

The author reproposes a conjecture of Giuseppe Grosso about the origin of the iura praediorum rusticorum’s loss by non-use and tries to show its ground in the sources. According to such a view the oldest rustic servitudes (iter, actus, via, aquae ductus) ended in ancient roman law, if the owner of the dominant estate abstained from exercising them for two years, by an usucapio in favour of the servient owner. Only when these rights – originally conceived as property’s forms – were regarded as iura in re aliena their non-use became an autonomous method of extinction and was extended to the other rustic servitudes and to the usufruct.

Sulla lex Scribonia de usucapione servitutum

2013

Osservazioni su Gai 2.14 e le res incorporales

2012

Through a critical review of some issues concerning the content of Gai 2.14 and the systematic and conceptual meaning of the res incorporales in the Gaius’ Institutes, the author defends the integration ‘ea quae iure consistunt’ (§§ 2-3) – which expresses a subjective perspective of ius (§ 3) – with new topics; it is particularly stressed that the two terms of the classification ‘res corporales / res incorporales’ – which is not possible to determine if it has been adopted first by Gaius (§ 4) – are considered by the jurist as elements of the patrimonium, more specifically from the point of view of the ways in which they enter into the patrimonium or come out from it, in accordance with a g…