Resumen

ABELENDA, Virginia. Free access and conservation of legal costs in Roman law. Current controversies in Argentina around article 1974 of the new Civil and Commer cial Codes on the “towpath”. Conceptual bases of the right to information. Derecho glob. Estud. sobre derecho justicia [online]. 2016, vol.1, n.2, pp.15-50.  Epub 12-Nov-2020. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v0i2.25.

Abstract: According to Roman Law, the ac cess to legal costs (ripae) was of public ac cess granted by the international and natural laws and its extent or measure followed a broad, flexible and natural approach introdu ced by roman jurisprudence, like considering the edge of a river or lake at its fullest, or the peak of the waves in order to prevent a public space and private space conflict, en suring and enable a peaceful coexistence for all. For its defense, the praetors and juris prudence developed and extended a series of procedural actions like the action for slander, as well as prohibitory and restitutionary injunctions private in nature and new construction complaint, requiring a bond for feared harm and an active, popular and perpetual standing. Facing the current controversies in Ar gentina on this matter, and about art. 1974 of the new Civil and Commercial Code on the “towpath” Roman legal sources offer us a use ful model that can be followed and exploited.

Palabras llave : Legal costs; ripae; free access; public use; iuris gentium; conservation; in junctions; towpath.

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