UBACyT research projects
Starting date of the project
July 1, 2012
Ending date of the project
June 30, 2012
Code
20020090300057
Type of project
Young researchers
Title
Extra-commerciality, common use, and administrative and process tools for access and protection of water in Roman sources. Contributions to its development in Argentine law.
Director
Virginia Abelenda
Contact
| MEMBERS | ||
|---|---|---|
| N° | Name | Category |
| 1 | Dévora Pannucio Perato | Investigator in training |
| 2 | Emiliano F. Suárez | Investigator in training |
| 3 | Mariana Mas Braessas | Student researcher |
| 4 | María Agustina Hildt Macias | Student researcher |
| 5 | Daniela Larotonda | Student researcher |
Keywords
Water
Common use
Injuctions
Abstract
The research is aimed at studying the meaning of the concepts of extra-commercial, public or common use, and implementation of the administrative and procedural access and protection of water in the Roman legal experience mostly Republican, to to investigate how they might now be invoked to achieve a more effective legal protection to the water. To do so, examine ways in which conservation and comprehensive protection against misappropriation, or a vital part, which prevents water usage considered, according to the ius naturale-like beef or thing common to all men (res communes omnium / res publicae iuris gentium), from the standpoint of prevention and redress of individual and collective harm, or harm 'environmental', and the power and responsibility of citizens in the care of these things, through the implementation of various pretrial media-and administrative-type process as injunctions and the actio iniuriarum, and the contributions that this experience can provide for its development in Argentine law, taking into account the current problem of the use and enjoyment of water as a 'good public ', the' public domain ', or' natural resource ', the conceptual differences with the Roman perspective and their reasons and consequences for the regime in its legal frame, and the instruments used for proper legal protection and procedural defense, weighted possible extensions to our right of these measures of Roman origin already present in some forms in Argentine law.