DE RIPA MUNIENDA (D.43.15) – OBALA U RIMSKOM PRAVU
DE RIPA MUNIENDA (D.43.15) – ON THE REGULATION OF THE RIVER BANKS IN THE ROMAN LAW

Summary/Abstract: The subject of this paper is the interdict of the roman law de ripa munienda – on the river bank that needs repair, to which is dedicated a title of the Digest of Justinian of the same name. It provides protection to a person who performs works on the regulation of a river bank on his own property in regard of the disturbance by a third person. The goal of the research is to establish by exegesis of the sources to whom depends both active and passive legitimation for rising an interdict, and which are the conditions for its application, especially regarding the question what is intended under the notion of the “river bank“ at all and if the interdict can be applied for protection of works on the standing and other waters beside rivers too, also, in regard of the guaranty for the damage that could be inflicted by works to the third persons, and in regard of the condition according to which the works must not menace the navigability of the river.

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