Spunti volanti in margine al problema dei beni comuni
In: Bullettino dell'Istituto di Diritto Romano "Vittorio Scialoja": 7, 2017
The paper criticizes some recent interpretations of the Roman legal concept of res communes omnium, often assimilated to modern notion of “common pool resources”. Through the analysis of the legal discipline of the most relevant res communes omnium, the sea and the seaside, I conclude that the rules of this Roman category of things are not anyhow comparable to those of “common goods”. In fact, while these are characterized by the only possibility to extract values of use from the good, without any chance of appropriation, the public character of the use of the beach and the sea in thinking of the Roman jurists allows the appropriation of portions.