Restrictions on Ownership: Immissiones. Evolution from Roman Private Law Practice to the 1942 Italian Civil Code

This paper explores the limits of ownership through interferences between neighbouring properties, from Roman law to modern Italian law. It examines Roman juristic solutions concerning smoke and other intrusions and their influence on Article 844 of the Italian Civil Code. The analysis highlights how reciprocal tolerance and the balancing of property rights, production needs and health protection have evolved over time.