The acquisition of the domain through occupation. The test-image report in the illustrations of Book 41, Title 1 of the Digesture and Book 2, Title 1 of the Justinian Institutions in the manuscripts of the BnF (xiii-xiv Century) ; L'acquisizione del dominio tramite occupazione. Il rapporto testo-imm...
In this contribution I intend to analyse the legal aspect of the miniature illustrating Book 41, item 1 of the Digesture and the second book of the institutions of Justinian in a group of manuscripts now kept at the Bibliothèque nationale de France, dated between the xiii and the xiv Century. These two books, which are closely linked to each other, have similar iconographies: the acquisition of original ownership through the occupation of res nullius. Wildlife and aquatic animals — ferae bestiae, volucres and PISCES — were, in Roman and just law, an important example of res nullius, hunting and fishing leading to the acquisition of those goods. It is precisely these activities that are used to illustrate Book 41, Title 1 of the Digesto et Book 2, Title 1 of the Institutions. They are of course subject to changes, both technical and regulatory, over time. I will try to show how images that have over time depicted the occupation of res nullius reflect and help shed light on these changes. ; In this paper, I will analyse the legal aspect of the miniatures that illustrate book 41.1 of the Digest and the second book of Justinian's Institutions as a group of manuscripts dating from the thirteenth and fourteenth century and currently kept in the Bibliothèque nationale de France. These two Books are closely related to each other and present similar iconographies : the acquisition of ownership "naturali ratione" through the occupation of the res nullius, where wildlife and aquatic fauna – ferae bestiae, volucres et pisces – constituted an important example of res nullius in Roman and Justinian law. Hunting and fishing determined the acquisition of these assets and it is precisely these activities that illustrate books 41.1 of the Digest and 2.1 of the Institutions. Naturally, these activities have undergone changes over time, both of a technical and normative nature. I will try to show how these images depict, reflect and clarify the changes in the acquisition of the res nullius. ; In this contribution I intend to ...