‘Mare commune omnium est' : a proposito di D. 47.10.13.7 (Ulp. 57 ad edictum)

The layout of the ‘sea’ as a res communis omnium in Roman Law is connected to the formulation of the category of res communes omnium itself by the Roman legal science. The idea of the ‘sea’ as belonging to everyone is a new perspective that overcomes the ancient idea of the ‘sea’ as an object of ‘common use’ for everyone. This new perspective did also provide changes in the field of the judicial instruments available: in fact, not only it was possible to employ defensive remedies as the interdicta popularia, but it became also possible to use personal actions (such as the actio iniuriarum) against the conduct of third parties that prevent the common use of a common thing