La mancipatio costitutiva di servitù rustiche e la loro configurazione originaria

Abstract

The reconstruction of the set form of words of the mancipatio intended to constitute rustic servitudes has so far been attempted without taking into account the development that this act must have had over time. A reconsideration of the question can be based on Voigt’s hypothesis on the original configuration of rustic servitudes as a form of ownership over the material portion of land on which they were exercised. A parallel analysis of the development of the ancient legis actio sacramenti in rem suggests an evolution of its ritual words similar to that conceivable in the mancipatio aimed at constituting a rustic servitude.