Res communes omnium e commons. Contro un equivoco

This paper aims to highlight the conceptual differences between the modern notion of “commons” and the Roman one of res communes omnium, in order to avoid the misuse of Roman notions to define modern concepts, such as that of “common goods” or “common pools resources”. The structural difference between the modern notion of “common goods” and the Roman one of res communes omnium is given by their use regime: while the “common goods” are not subject to private appropriation, the res communes omnium were appropriable in portions which did not prejudge the analogous uses that the other subsidiaries had on the good.