Das Verhältnis von via publica und via privata

It is about the relationship between puplic streets and private roads that are both called via. Differences and commonalities are being analyized from a evolutionary and juristic-docmatical perspective. Starting point is the opening up areas, the specifiactions of the community for it and the discretion for private individuals. First regulations regaring viae can be found in the XII-tables but a differentiation between public and private roads only developed in the course of the Republic. Using sources in the writngs of the Roman surveyors (Corpus agrimensorum Romanorum) and jurists the role of land readjustment and its relation to private options in neighbor law, in particular by servitudes, are being examined. Furthermore, legal protection and security measures on public streets in their development and their conceptual differences are being explained.