Riflessioni sull'alluvione e sugli altri fenomeni fluviali, anche a margine della riforma apportata dalla l. 37/1994

Translated title of the contribution: [Autom. eng. transl.] Reflections on the flood and other river phenomena, also on the sidelines of the reform introduced by Law no. 37/1994

Stefano Barbati

Research output: Contribution to journalArticlepeer-review

Abstract

The essay deals with acquire of ownership by fluvial activity in Roman Law, with particular reference to adluvio. The topics herein studied are natural description of fluvial events in Roman law sources (quite complex on adluvio), their juridical nature (increase or in some cases decrease of land that borders with a river), legal effects of them (acquisition of property ipso iure by the land owner rather as a juridical acquire iure gentium than as a mere physical increase of land with no legal matters related to it, also in case of adluvio and of the phenomenon later called avulsio in legal tradition), condition of lands where fluvial acquires could take place. A glance is also given to modern regulation of French and Italian code about fluvial phenomenon as well as to the reform carried out in Italy in 1994. Taken into account this new enactment, massive trouble of distinguishing «incrementi» in 941 Italian civil code article (heritage of Bartolus’ doctrine) from the kind of adluvio ruled in 942 Italian civil code article, with different rules of law (private property in art. 941, public property in art. 942), is underlined: a solving solution is proposed.
Translated title of the contribution[Autom. eng. transl.] Reflections on the flood and other river phenomena, also on the sidelines of the reform introduced by Law no. 37/1994
Original languageItalian
Pages (from-to)218-293
Number of pages76
JournalINDEX. QUADERNI CAMERTI DI STUDI ROMANISTICI
Volume43
Publication statusPublished - 2015

Keywords

  • Acquisition of land property by fluvial activity
  • Rivers
  • Roman Law

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