ORIGIN AND DIFFERENTIATION OF THE CLASSIFICATION RES PUBLICAE ET RES PRIVATAE IN ROMAN LAW. TREATMENT OF PUBLIC THINGS AND PRIVATE THINGS IN THE SPANISH LEGAL ORDERING
ORIGIN AND DIFFERENTIATION OF THE CLASSIFICATION RES PUBLICAE ET RES PRIVATAE IN ROMAN LAW. TREATMENT OF PUBLIC THINGS AND PRIVATE THINGS IN THE SPANISH LEGAL ORDERING

Summary/Abstract: This work focuses on the duality of the res publica and res privata classification. The origin of differentiation is, obviously, Roman. Beyond its regulation in Rome, the well-known and important classification reaches to these days, being present in most of the western legal systems of Romanist base. Issues such as the etymology of the terms that refer to these types of goods, distinction and characteristics can be found in Roman law. The Spanish Civil Code of our days also houses the classification paying greater attention, as well as Roman law, to public things, subclassifications thereof or the foundation of the division. The classification of things in the public or private domain that the Civil Code contains is not based on the very nature of the thing but on the kind of person to which they belong, since the same thing can sometimes be of the public domain and other times of private domain. Everything depends on the destination that has been given, its service or purpose. The subject is regulated by administrative law and special laws.

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