'Mare commune omnium est' : a proposito di D. 47.10.13.7 (Ulp. 57 ad edictum)

The layout of the ‘sea' as a res communis omnium in Roman Law is connected tothe formulation of the category of res communes omnium itself by the Romanlegal science. The idea of the ‘sea' as belonging to everyone is a new perspectivethat overcomes the ancient idea of the ‘sea' as an object of ‘common use'for everyone. This new perspective did also provide changes in the field ofthe judicial instruments available: in fact, not only it was possible to employdefensive remedies as the interdicta popularia, but it became also possible touse personal actions (such as the actio iniuriarum) against the conduct of thirdparties that prevent the common use of a common thing.[Publisher's text]