Forme di appartenenza e cittadinanza. A proposito dei fondamenti romanistici nel diritto cinese
In: Bullettino dell'Istituto di Diritto Romano "Vittorio Scialoja": 6, 2017
DOI: 10.1400/259630
This paper proposes a few considerations on the Roman view about ownership, which may contribute to the dialogue with Chinese scholars about the role of individual ownership in the current legislation and in the future civil code. Two texts, by Cicero (Caecin. 35) and Ulpian (D. 47, 10, 13, 7), allow to delineate the approach of the Roman law, which elaborated several juridical schemes for the belonging of things and punished a prohibition to use the res mea, the res in usu publico and the res communis omnium under the perspective of the membership of a Community. It is a perspective which is clearly different from one which gives a dominant role to individual property ownership and considers it an innate right. Under this light, in the choice of the Chinese lawmaker, which considers more juridical schemes for belonging of things and does not consider individual property as a natural right, we can identify a parallelism with the Roman law.