Abuso del diritto ed actio aquae pluviae arcendae

SITZIA, FRANCESCO

2016-01-01

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Abstract

The research examines the texts of the Digest regarding actio a. p. a. that, over the centuries, represented by legal doctrine a fundamental point of reference in the matter of abuse of right. Through the analysis of the fragments of D. 39.3, the A. concludes that some innovations can be attributed to the jurisprudence of the Severian age, other to Justinian, but that the interpolations were not expression of a systematic view of compilers directed to change the basic ideas on property dating from the classical jurists. Finally, the research shows that a general prohibition of abuse of property right, although drawn up by medieval doctrine based on the texts of D. 39.3, cannot be traced back to the Justinian law.