L’actio de pastu pecoris e il pascolo abusivo. Actio de pastu pecoris y pastoreo abusivo. Actio de pastu pecoris and unauthorised grazing

Sanna, Maria Virginia

2025-01-01

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Abstract

The article discusses the theory based on the immisso pecore of D. 19.5.14.3 that the actio de pastu pecoris applies only to the malicious introduction of sheep or flocks onto another’s property. The fact that this is not malicious behaviour seems evident given that, while Ariston argues that if acorns fall from your tree onto my land and are eaten by my livestock, you can only bring an actio in factum against you, Pomponius states in D. 10.4.9.1 that if animals were introduced maliciously to feed on fruit that had fallen from a neighbouring tree (si dolo pecus immisi ut glandem comederet), an actio ad exhibendum could be brought. Furthermore, we disagree with the theory that the hypotheses of pastus pecoris (not only concerning sheep, but livestock in general) and noctu furtim frugem pavisse ac secuisse (Plin. nat. hist. 18.3.12) refer to a single provision, as the two testimonies appear different.