Law of property and inputs (immissions) in Roman Law and in Italian Civil Code

The papaer focused on immissions in Roman law comparing with italina civil codes of 1865 and 1942. In neighbourly relations, Roman jurists were careful to reconcile individual interests with the social needs connected with the economy, especially agriculture: on the one hand, they encouraged tolerance in order to make the best use of the possibilities connected to the exercise of the right of ownership and admitted ordinary immissions arising from the normal exercise of one's right; on the other hand, they considered socially harmful behaviour to be relevant, and thus doing productive of immission into the property of others (such as a smoke greater than the ordinary arising from primordial industrial activity) harmful to the principle do not harm others. Due to the legislative vacuum in the italian civil code of 1865 on the subject of immissions, the case law pronouncements, all inspired by the solutions of the classical Roman jurists.