I fondamenti romanistici del difficile rapporto tra azione di regolamento di confini e rivendicazione

Abstract

Why is it that even today, in Italian civil law, actions to settle boundaries and to claim possession are still difficult to distinguish? Why have legal theory and jurisprudence been unable to develop a theoretical cri terion able of distinguishing between them? The paper aims to answer these questions by investigating the causes of the phenomenon in the history of law, starting from the observation according to which, in Roman law, actio finium regundorum and rei vindicatio could never have been confused, even though one could achieve the same result as the other.