La tutela dal rischio di danni da aqua pluvia nelle soluzioni giurisprudenziali tra tarda repubblica ed età severiana : a proposito di D. 39.3.2.5 (Paul. 49 ad ed.)

This paper is about fragment D. 39.3.2.5, concerning the function of actio aquae pluviae arcendae and its fundamental features, according to which the risk of damages by rain water is to be connected with an opus manu factum (such as an ager artificialis) on the neighbours lot. The author suggests the conformity of the text to the classical criteria elaborated by the iuris prudentes on applying this ancient civil action. Particularly she tries to demonstrate the authenticity of the sentence showed in the second part of the fragment (quamquam tamen rell.), based on two different solutions for the owner, who could receive damages as a consequence of the undoing of an ager artificialis cuius memoria non extat, on the neighbours lot: an actio utilis (that is to say an extension of the same actio aquae pluviae arcendae) or an interdictum. These remedies, indeed, were typical in the classical process per formulas and were established on the Roman praetor's discretionary power.