L'operis novi nuntiatio e la tutela del territorio tra interessi privati e utilitas publica

This book offers a comprehensive reassessment of the Roman legal institute of operis novi nuntiatio, moving beyond its traditional interpretation as a merely technical-procedural remedy and highlighting its preventive function in conflicts arising from the transformation of land and built spaces. Embedded in praetorian jurisdiction and closely connected with the system of interdicts, the operis novi nuntiatio was designed to halt building activities or material interventions capable of affecting individual rights, private interests, or concerns relevant to the community. The study reconstructs the different forms of the institution – iuris nostri conservandi causa, damni depellendi gratia, and publici iuris tuendi gratia – by examining their prerequisites, structure, effects, and relationship with cautio, satisdatio, repromissio, remissio nuntiationis, and praetorian interdicts. The analysis reveals the dual nature of the remedy: on the one hand, it protected ownership and servitudes within neighbourly relations; on the other, it functioned as a means of controlling territorial transformations and safeguarding broader interests connected with the safety of residential and productive spaces. Special attention is devoted to the role of operis novi nuntiatio in water management, hydraulic works, drainage systems, and the protection of public, sacred, and religious places. Through the combined examination of legal, agrimensorial, archaeological, and topographical sources, the book shows that Roman law approached land management not as an abstract or isolated legal domain, but as a field of interaction between individual initiative, protection of common goods, and prevention of harm. Although the Roman model cannot be transposed into contemporary legal systems, where the protection of public interests is entrusted to the administrative apparatus of the State, it still offers valuable insights into the relationship between citizens, community, and care for the territory. From this perspective, operis novi nuntiatio emerges not only as a procedural remedy, but also as the expression of a broader system of balance between building activity, exploitation of resources, and protection of natural and environmental structures.