Interventi privati sulle acque pubbliche e tutela preventiva nel diritto romano: il ruolo dell’operis novi nuntiatio

This paper analyses the function of the operis novi nuntiatio as a preventive remedy within the framework of the management of public waters in Roman law, reconstructing its role within the praetorian system and, more broadly, within the regulation of hydraulic infrastructures. The investigation, grounded in the exegesis of juristic sources and in their contextualisation within the material environment, shows that the nuntiatio would operate as a form of self-help capable of suspending potentially harmful private interventions, functioning in conjunction with interdicts, cautiones and satisdactiones. The analysis reveals a functional distinction between the field of water conduits and that of the flumina publica, as well as the incremental and adaptive character of the system, in which the ius honorarium intervenes to shape preventive mechanisms in accordance with the requirements of the publica utilitas. Finally, the paper highlights the collaborative nature of the Roman model, in which private initiative contributes to the protection of collective interests, outlining a preventive logic of law grounded in the integration of public and private dimensions in the management of the territory.