ACTIO AQUAE PLUVIAE ARCENDAE NON IN REM, SED PERSONALIS EST
ACTIO AQUAE PLUVIAE ARCENDAE NON IN REM, SED PERSONALIS EST

Summary/Abstract: The article analyses the sentence actio aquae pluviae arcendae non in rem sed personalis est contained in a text by Ulpian belonging to 39.3 of the Digest. The wording, for which the essay evaluates also the interpolation doubts, is analyzed under two points of view: the one referring to real cases, with a focus to real situations described by the jurist and the palingenetic one, useful to better understand the logic steps leading to the definition of the personal characteristic of the action. The essay then moves on to a quick overview on the so called obligation propter rem in the context of the present Italian law. The essay terminates with a further reference to the past, that is the reconstruction by Pothier, in equilibrium between the principes of [personalità] and [ambulatorietà] of the action. Finally the essay confirms the idea according to which the concepts belonging to the legal disciplines can not always be valid regardless of times and places.

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