Riflessioni sull’alluvione e sugli altri fenomeni fluviali, anche alla luce della l. 37/1994

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. Parole chiave: Roman law, rivers, acquisition of land property by fluvial activity. Diritto romano, fiumi, acquisizione della proprietà fondiaria attraverso l’attività fluviale. * * * Raffaele Basile, «Minima de edicto perpetuo tra passato e presente» (p. 49- 81) The work carries out a reassessment of the vexata quaestio – transpired after the extensive studies managed by A. Guarino in the midtwentieth century – regarding the codification that tradition, as is well known, places in the Hadrian age and it suggests a light reading of the sources regarding such event. In this particular case it could be advanced the idea of a concrete closing of the ordinary law dynamics from the emperor, closing realized, however, without the contextual awarding to Salvius Julian of that relevant task of ‘settlement’ whose historicity is still believed by the majority literature