Segni di una crisi dei regimi giuridici statale e internazionale dell'acqua. Brevi e preliminalri considerazioni per una ricerca sull'uso dell'acqua tra diritto odierno e diritto romano
The Signs of Crisis of the Legal Regimes of Internal and International Waters. A Short and Preliminary Observation for the Purpose of a Research on the Use of Waters in the Roman and Contemporary Law

Author(s): Giovanni Carlo Seazzu
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Things; Property; State-owned; Persons; Water;
Summary/Abstract: Modern legal systems differentiate between subjects of law/persons and objects of law/things, the latter including bodies of water. The category of things make legal sense only if on can exercise "subjective law" over them: such a hypothesis discusses "economic assets". Things that cannot be appropriated have, generally speaking, no relevance in law. State-owned property is divided into that which can be disposed of and the state-owned property that cannot be disposed of. The former can be privately owned, whereas the latter cannot. Categories of state-owned property that particularly stand out are maritime property (shores, beaches, ports etc.) and state-owned waters (rivers, torrential rivers,lakes,ground-water- if this is in the public interest, etc). State-owned property that cannot be disposed of includes mineral and thermal waters, whereas the "internal" ones fall into the category of private property.

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