Incommodum accolentium. A few remarks in the margin of the interdict ne quid in flumine publico fiat, quo aliter aqua fluat

Abstract

In Roman law, access to public places, such as rivers, was open to everyone. Free use of them, however, was associated with an increased risk of damage, especially to the property of the quay residents. Therefore, guided primarily by their interests and taking care of their safety in his edict, the praetor announced an interdict ne quid in flumine publico fiat, quo aliter aqua fluat. Under this edict, it was forbidden to perform or place on a public river or its bank anything that could cause the water to flow differently than last summer. The change of current was usually a consequence of unauthorized discharge of water by private individuals, i.e. in too large amounts or in inappropriate places. As a result of these activities, the water level in the river could change, creating a danger of incommodum for the local residents (accolentes). Nevertheless, the right to draw water from public watercourses per se was universal, and therefore the interests of individuals who were equally entitled to use public places could clash. In his edict, the praetor marked the limits of free access to rivers and indicated the foundations of the announced interdictal protection.