DOMINIUM
Issue I / 2022
The first issue of the IUS ROMANUM Romanist e-journal for 2022 is dedicated on the fundamental theme of DOMINIUM. The mainstream orientation in the studies of Roman Law mostly relates the term to the right of private property and its absolute and powerful nature. It is more rarely that other aspects are explored such as the use of this term to refer to the power over slaves and public-law aspects. The topic of property rights has been ubiquitous both in Ancient Rome and in modern times. In view of the journal profile, however, and the focus on the didactic and educational merits of translated and published papers by Bulgarian and foreign scientists, the Editorial Board has selected texts encompassing almost all property law topics. Thus, first come papers on the Roman notion of dominium and mancipatio as a typically Roman law derivative method of acquiring property, limitation periods for property acquisition in private and public law, the ratio between ownership, possession and the legal defence created by the actio publiciana, as well as shifts in the notion of property in the postclassical law, among others. The study of Thomas Aquinas’ dominium theory takes a borderline position between the essential Roman law problematics and the continuity of the Roman legal tradition in the Middle Ages. In addition to these basic problematics, we could mention the studies on property restrictions, town planning, and the protection of neighbor’s building interests, among others. Along with the research on the right of property within the general property-law problematics a rare and non-traditional aspect has been included, namely that of a specific property item – an island created in the sea, for which Roman law grants permissions also suitable for modern law. An analogy has been drawn with a situation that occurred in 1831 in the Mediterranean Sea – the subject of a lively discussion as well as a collision between sovereignty and the enforcement of international law.