Actio aquae pluviae arcendae ed obbligo di patientiam praestare in presenza di un agger naturalis. Su Paul. 49 ad ed., D. 39, 3, 2, 5-6
In: Bullettino dell'Istituto di Diritto Romano "Vittorio Scialoja": 8, 2018
The actio aquae pluviae arcendae (hereafter a.a.p.a.) develops as a judicial remedy in cases of artificial alterations of the natural course of rain water; it's widely-known that one condition for the a.a.p.a. is the presence of an opus manu factum to whom relate the possible damage of the adjacent land. As a generale rule, the action was not allowed in those cases in which such alterations were caused by circumstances entirely independent from the presence of an artificial opus on the land. This paper aims to consider some controversial cases in which the a.a.p.a. seems to not be related to an opus manu factum, but rather to a merely natural alteration of the land, such as those described in Paul. 49 ad ed., D. 39, 3, 2, 5-6. Giving preference to a defensive intervention of the integrity and the functionality of the land potentially damaged by the outflow of the altered rainwater course, the a.a.p.a. appears to better rule those cases in which the presence of an artificial opus is totally incidental compared to the development and the defense of the land potentialy damaged by the aqua pluvia and its owner.