What did occidere iniuria in the lex aquilia actually mean. The measure of damages under chapter i was quanti is homo in eo anno plurimi fuisset 3, the highest value of that manservant in that year. The development of culpa under the lex aquilia vexillum. The actio legis aquiliae, also known as the lex aquilia or the aquilian action, is a general delictual action used to claim for patrimonial or financial loss. Download pdf the roman law of damage to property free. Two provisions of it, the first and third chapters, formed the essence of the delict known as damnum injuria datum, loss wrongfully caused. In order to be liable under the lex aquilia the defendant had to be found guilty of intent and culpable conduct iniuria. The lex at that stage though it must have been to some extent a codification of existing legislation2 had three chapters. What has seemed unacceptable in the continental view is the operation of the clause which establishes the payment of compensation. This chapter discusses lex aquilia, the most important statutory enactment on roman private law subsequent to the xii tables. April, 19361 on the third chapter of the lex aquilia. The lex aquilia was a roman law which provided compensation to the owners of property injured by someones fault, set in the 3rd century bc, in the roman republic.
The notion of culpa as fault, from which the roman jurists articulated an understanding of. The lex aquilia governed loss wrongfully inflicted to property damnum iniuria datum, whereas the delicts of furtum, rapina and iniuria were designed to deal. The purpose of this article is to explore precisely these instructive mysteries and find an answer to questions of interpretation of the lex aquilia. Only one romanist, maccormack, has interpreted the phrase in a narrow sense.
The forms of action, booktitlean introduction to english legal history, publisher. The forms of action, in an introduction to english legal history. Actio legis aquiliae edge learning mediaedge learning media. This law protected roman citizens from some forms of theft, vandalism, and destruction of property. Download beyond dogmatics law and society in the roman world or read online books in pdf, epub, tuebl, and mobi format. Beyond dogmatics law and society in the roman world. The lex at that stage though it must have been to some extent a codification of. It is commonly assumed that the litis aestimatio of the actio legis aquiliae was a penalty which, in practice, was set at the loss suffered by the victim of the wrong and therefore functioned as compensation. Introduction a delict can be defined as an unlawful blameworthy i. The delictual origin, penal nature and reipersecutory. The roman law of damage to property download ebook pdf.
The lex aquilia was a roman law which provided compensation to the owners of property. First part of the course entails enigmatic questions of the origin, scope, content, composition and the text of the lex aquilia. Investigating the role of relics and holy sites in the religiously diverse society of crusader famagusta, cyprus published on 08 oct 2018 by brill. The third section discusses the usus modernus legis aquiliae. In deed the third chapter of the lex speaks of urere frangere and. This law covered slaves and animals as well as buildings. It was passed by an assembly of the plebs after it had been proposed by a tribune by the name of aquilius. In recent years, however, it has become a controversial one in south. A new assessment of the importance of the lex aquilia wrongful damage to property on roman law in britain few topics have had a more profound impact on the study of roman law in britain than the lex aquilia, a roman statute enacted c. Another important statute from the republican era cindia the lex aquilia of bc, however, romes most important contribution to european legal culture was not the enactment of welldrafted statutes, but the emergence of a class of professional jurists and of a legal science. Fault and deceit constitute the subjective elements of tort liability that rooted in classical roman law, today find correspondences and analogies in almost every legal system even apparently distant as those of. In an introduction to english legal history 4th ed, pp.
Aquila disambiguation aquileia, an ancient roman city in italy, at the head of the adriatic. Proceeding on the assumption that lord rodgers proposition about the true meaning of damnum iniuria is correct, the focus of this. Bibliography for laws5182 st lucia university of queensland. Proceeding on the assumption that lord rodgers proposition about the true meaning of damnum iniuria is. Click download or read online button to get beyond dogmatics law and society in the roman world book now. Damage to slaves is dealt with by the twelve tables. The cambridge law journal publishes articles on all aspects of law. Pdf law concerning compensation to the owners of property injured by someones fault find, read and cite all the research you need on researchgate. This issue was long regarded as settled in favour of the collecting banker by the decision in the yorkshire insurance case, supra. The actio legis aquiliae a practical guide through the cases 1 introduction a delict can be defined as an unlawful blameworthy ie intentional or negligent act or omission which causes another person damage to person or property or injury to personality and for which a civil remedy for recovery of damages is available.
Since the time of the glossators, this phrase has been regarded as a general rule. If a slave or a grazing animal was unlawfully killed, the damages were equal to the highest value. With an emphasis on the civil liability of damage to property, the lex aquilia represented the culmination of the rapid development of roman law at the hands of the jurists. As it was understood in classical and justinianic law the lex aquilia. The first section examines the statutory definition of the delict as iniuria. An important feature of the journal is the case and comment section, in which members of the cambridge law faculty and other distinguished contributors analyse recent judicial decisions, new. The essential data provided in the digest the lex aquilia was undoubtedly the most important statutory enactment on roman private law subsequent to the xii tables. If the inline pdf is not rendering correctly, you can download the pdf file here. This assumption is based on the nature of the action as founding in a delict and characterised by the romans as a penal action. Abstract the first chapter of the lex aquilia imposed liability for occidere iniuria. This rule has the authority of the ancient jurists, who decided that, if a slave were injured by several persons but it was not clear which blow actually killed him, they would all be liable under the lex aquilia. The second section deals with the protection of a freemans bodily integrity.
Ulpianus, on the edict, book xviii the lex aquilia annulled all laws previously enacted with reference to the reparation of unlawful damage, whether these were the twelve tables or any others. At the time of the aquilian this exceptional case was not yet taken into account. In other words, damage to person or property is a precondition. The reason pure economic loss is tricky is that the lex aquilia which of course forms the basis of our law of delict traditionally protects only bodily integrity corpus and real rights and certain narrow extensions. The notion of culpa as fault, from which the roman jurists articulated an understanding of wrongfulness, is one such proof of this development. Lex aquilia, ancient roman law which provided compensation to the owners of property injured by someones fault. Causality the content of this element remained the same. The third chapter provided that if a man caused loss to another by burning, breaking or destroying the defendants property. Reassessing legal humanism and its claims download ebook. Aquilia severa, wife of the ancient roman emperor elagabalus. It can be used to claim compensation in cases where the defendant unlawfully and in a culpable manner destroyed or damaged the property concerned. Case no 17390 in the supreme court of south africa. The last section explores various contributions towards the modern, generalised law of delict.
It repealed and superseded all earlier laws dealing with unlawful damage. Aquilian liability for pure economic loss aquilian. The lex aquilia governed loss wrongfully inflicted to property damnum iniuria datum, whereas the delicts of furtum, rapina and iniuria were designed to deal with theft, robbery and attacks on personal dignity respectively. Special emphasis is placed on contemporary developments, but the journals range includes jurisprudence and legal history. The prevailing view is that iniuria was originally understood. The words used in the statutory definition quadrupedes pecudes, erus, iniuria, damnum. Causality the content of this element remained the same, namely that the damage had to be the result of the perpetrators action. With an emphasis on the civil liability of damage to property, the lex aquilia represented the culmination of the rapid development of roman law at the hands of. This chapter continues the analysis of the lex aquilia from the previous chapter. Causation and confessions in the lex a quilia by david pugsley southampton we all pay lipservice to the pragmatic approach of the roman jurists and the slipshod methods of the compilers.
787 662 488 1398 1091 1000 1227 90 580 1501 77 1335 1048 880 629 1246 1263 9 882 1370 1111 1514 24 1413 1466 952 758 1378 632 1453 807 1277 1496 898 726 19 106