L'INFLUENZA DI LITUS MARIS SULLA LEGISLAZIONE COSTIERA SPAGNOLA
THE INFLUENCE OF LITUS MARIS ON SPANISH COASTAL LEGISLATION
Author(s): María Etelvina De las Casas LeónSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics, Canon Law / Church Law, Philosophy of Law, EU-Legislation, Sociology of Law, Maritime Law, Commercial Law, Court case, Sharia Law, Comparative Law, Administrative Law, Labour and Social Security Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: res communes omnium; res publicae; litus maris; administrative concessions; environment
Summary/Abstract: The issue of litus maris is not a current concern to determining the coasts of individual countries. Roman law endeavours to analyze the question and above all to attend to the needs of a community. Although terminology may have evolved, the purpose has remained the same: concern for the environment and the legal regulation for the benefit of all mankind. When mentioning res communes omnium or res publicae, we ask ourselves whether they really have a different meaning or whether, on the contrary, we can consider them synonyms. In this sense, neither the sources, nor the doctrine is unanimous. From our point of view, however, everything boils down to a terminological and semantic problem, where the purpose is one and the same: to recognize a good of an entire community, which belongs to humanity and which we cannot make unlimited use of outside the legal system itself. Once again we find a topic that, although it seems contemporary, had already been taken into account in Roman jurisprudence and literature as well. And therefore, we see the impact and influence of Roman law on our contemporary legal system.
Journal: IUS ROMANUM
- Issue Year: 2021
- Issue No: 2
- Page Range: 556-578
- Page Count: 23
- Language: Italian