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LABEO’S CONFLICTING CONCEPTION OF INSULA IN FLUMINE NATA
Abstract
The article is focused on the Labeo’s conflicting theory about ownership to newly created island in a river stream and detects its reasoning, aims and philosophical sources of inspiration. A question of insula in flumine nata represents traditional issue of the Roman law things. Such island was considered to belong to private individual(s) who owns the nearest shores of river by most of the sources. However, there is one fragment of Labeo (D 41,1,65,4) which states that such island should belong to public. The research is based on textual and historical analysis of both legal and extra-legal sources. The authors identified that Labeo’s theory conflicting with general approach of other Roman jurists. Based on some textual evidence they established that this was result of rivalry between two schools – the Sabinians and Proculians – and was highly determined by their different philosophical approaches. Labeo as a prominent representative of the Proculians incline to Peripatetic’s theory about prevalence of form over substance. Authors established with high degree of probability that Labeo’s theory was, indeed, fueled by philosophical concepts which determined its content and function.
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