Some legal-private aspects related to wind energy: another evidence of the presence of Roman law currently

Abstract

The implementation of wind energy constitutes an irreversible fact at present, the result of a firm political will that aims to achieve the progressive replacement of traditional energies by renewable energies, less harmful to the environment and to a sustainable development of humanity. This leads us to delve into the legal nature of air and wind, going back to the treatment of these elements in the Roman legal system; at the same time, to connect from a legal plane with the wind farms, which will allow us to deal with the legal relationships arising from their installation, start-up and subsequent exploitation. In addition to the contracts signed between the parties involved, the cataloging of the real rights applicable to the case is proposed, among which the surface law stands out for its better fit, which allows to establish a connection once again with Roman law and demonstrate the link that supports, despite the necessary adaptations, with the law of our days..