DENUNCIA DI NUOVA OPERA E DI DANNO TEMUTO
The actions of *denuncia di nuova opera* (report of new work) and *denunzia di danno temuto* (report of feared damage) are two types of legal actions (derived respectively from Roman law institutions of *actio negatoria* and *cautio damni infecti*) aimed at protecting a factual state of affairs or, more precisely, preserving the equality of the parties in litigation. Their purpose is to ensure that another party's innovative activity or any reasonably feared impending danger does not prejudice the immovable rights of one party to the benefit of another. This is in view of a possible future judgment in which the balance between the parties would be unjustly altered if the actions under consideration were not effective. The conservative nature of these actions is therefore evident.
The purpose and prerequisites of the two actions differ.
The *denuncia di nuova opera* may be brought by a person who, being the owner or possessor of a thing or the holder of a real right, has reason to fear some damage to his property or right due to a new work (or even an alteration of an existing work) commenced by another. The *denunzia di danno temuto* may be brought when the owner or possessor of a thing or the holder of a real right fears damage to this property or right due to a building threatening to collapse, or due to a tree or any other thing.
In both cases, the person fearing the damage reports the danger to the judge, who, after a summary examination of the situation, issues provisional urgent measures to prevent the danger (e.g., suspension of the work or continuation subject to a bond in the first case; measures to remove the danger or provision of a bond in the second case), subject to a subsequent regular process to determine the rights of the parties.