Radicalmente diverso. Suggestioni tra botanica e diritto

Abstract

The aim of the contribution is to investigate natura as the substratum of legal rules and it is pursued by looking at the story of the so-called implantatio. Starting from the principle superficies solo cedit, we proceed backwards to identify its foundation in the case of a tree planted on someone else’s soil: as the result of a certain philosophically oriented conception of nature, coalescere (the interpenetration of the roots into the soil) emerges in its centrality. This element is then also observed with reference to other contexts, where however it shows a different value