Exegesis of D. 33,2,15,1 (Marcelo, I.XIII dig.) in the theme of the tacit constitution of real servitude by "destination of the proprietor"
Keywords:
Direito Romano, Servidão Predial.Abstract
Regarding the implied creation of praedial servitudes by "act of the owner", the prevailing Roman law doctrine is that of Riccobono, stating (with support of the evidence of a series of interpolations) that such an institute is an improvement of Justinian's law. Thanks to the revision and rereading of the Digest's texts concerning the matter and particularly through the evidence demonstrating the authenticity of D. 33,2,15,1 (clavis huius materiae), the author tries to refute Riccobono's doctrine showing that throughout it's long evolution Roman law never knew the notion of the implied establishment of praedial servitudes.
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Copyright (c) 1992 Revista da Faculdade de Direito, Universidade de São Paulo
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