The concept of "the commons" dates back to Roman law. According to the Romans, property or "things" (objects which may become an active subject of right) were divided by distinct definition. Res privatae was considered the "things" that individuals could own. In modern day lingo, this would include a new car, computer, or an appliance. Res publicae was defined as those things built by municipalities, governing bodies, the State or federal government. Examples include public schools, roads, sidewalks, and libraries.
Res communes literally means "things common to all" and comprises those things extra patrimoiium (incapable of being possessed) and thus available to all organisms. These resources by their dynamic nature include water, air, and biological and genetic diversity.
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And here for specifics on the law
Res Communes
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