Actio aquae pluviae arcendae
The actio aquae pluviae arcendae was an immissions legal action under ancient Roman law .
As a special case to prevent damage to an agricultural property, the owner was able to defend himself against neighboring systems with this actio . The prerequisite was that due to the system, rainwater on his property took a different than the natural drainage route. Mostly it was water ditches or dams on the neighboring property that caused the disturbance. The claim was based on the removal of the neighboring system ( opus manu factum ) and, if necessary, on replacement. The opera agri colendi causa facta , measures such as plowing on the neighboring property, were an exception to the action for removal . The owner had to put up with this.
The actio aquae pluviae arcendae is mentioned in the Twelve Tables law (VII, 8 a).
Individual evidence
- ^ A b Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 147.
