The Emergence and Historical Evolution of Tort Civil Liability in Relation to the Main Laws of Roman Law Cover Image

Apariţia și evoluţia istorică a răspunderii civile delictuale în raport cu principalele legi ale dreptului roman
The Emergence and Historical Evolution of Tort Civil Liability in Relation to the Main Laws of Roman Law

Author(s): Alex Cociș
Subject(s): History of Law, History of ideas, Ancient World, Roman law
Published by: Editura Academiei Române
Keywords: tort; poena; lex Duodecim Tabularum; lex Aquilia; actio rei persecutories;

Summary/Abstract: The current tort mechanism has developed through a long and winding process to the forms it takes today. The concept of liability is at the heart of all legal institutions that regulate relations between individuals in society, with a regulatory and punitive role that seeks to restore the balance that has been broken either by breaches of contractual terms or by violations of rules of social conduct. The development of this legal institution is closely linked to the history of mankind in general, with its specific features from one era to another and from one people to another, features dictated by the needs of social life, the level of civilisation achieved, the cultural coordinates of the era and, last but not least, the geographical area. In every civilisation, culture has built up a system of material and symbolic products, largely born out of the social interactions of the members of the community, which ultimately generated a normative system, shaping the behaviour of each individual and setting out for them the extent of their rights and obligations through legal rules.

  • Issue Year: 1/2022
  • Issue No: LXI
  • Page Range: 389-398
  • Page Count: 10
  • Language: English, Romanian