The Seashore: between the Ius Gentium and the Ius Civile
The Seashore: between the ius Gentium and the ius Civile

Author(s): Anna Tarwacka
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: Roman law; ownership; seashores; res omnium communes; superficies solo cedit
Summary/Abstract: The article examines the legal status of the seashore in Roman law, balancing ius gentium and ius civile. Roman jurists debated whether structures built on the shore could be privately owned, given its special nature. Celsus and Scaevola argued for public use, while Marcianus classified the shore as res omnium communis – common to all but owned by none. Neratius suggested that ownership could be acquired by occupatio, while Ulpian claimed that ownership was based on ius gentium. The seashore was contested between public access for fishing and private ownership by villa owners. Harbours were publicly owned for trade and military defence, while private individuals sought to restrict access to the shore for personal use. Jurists sought to balance these conflicting interests through legal interpretation. Over time, legal views shifted to reflect economic and social developments, giving more rights to private builders. The evolution of Roman law reflected the growing importance of both public and private interests in coastal land use.

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