Ermeneutica contrattuale, conseguenze pratiche, scelte politiche. Lo strano caso dell’acquisto del lago di Bracciano tra dati archeologici e riflessioni giuridiche
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The article moves from a sensational case with a responsum of the early classic jurist Proculus, concerning the sale of the Lago di Bracciano to Rutilia Polla, who also bought 10 feet of shoreland around the lake itself. The implementation of the contract caused problems, because of the rise of the water surface, which covered all the 10 feet from the shore, and Rutilia asked for 10 more feet of shoreland. The answer of Proculus is correct as well as impractical: he just recognizes to the woman the right to have those 10 feet by the lake as it was at the time of the conclusion of the contract, practically denying her right and possibility to accede to the lake she had bought in order to run a fishing business. The author compares the juridical point of view on the case with the archaeological evidences and the literary accounts, getting to the reasonable persuasion that it was a real case, supposing a specific dating for it and retracing the social and economic background of it, as well as the juridical point of view.
Key words: time of the contract, rights on the lake basins, implementation of the contract, lake overflow, contract interpretation. |
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