BODILY HARM AND DAMAGES IN THE ANCIENT ROME Cover Image

ПОВРЕДА ТЕЛА И НАДОКНАДА ШТЕТЕ У СТАРОМ РИМУ
BODILY HARM AND DAMAGES IN THE ANCIENT ROME

Author(s): Andreja B. Katančević
Subject(s): History of Law, Civil Law
Published by: Правни факултет Универзитета у Београду
Keywords: Damnum; Sumptus; Lex Aqulia; Iniuria; Damnum iniuria datum;

Summary/Abstract: This paper examines the boundaries between two Roman delicts, iniuria and damnum iniuria datum, through linguistic, systemаtic and historical interpretation and interpolative analysis of the following texts: D.9.2.5.3, D.9.2.7.pr, D.19.2.13.4, D.9.2.27.17 and Coll. 2.4.1. The author is trying to answer three questions. Firstly, were the financial consequences of bodily injuries included in the term damnum iniuria datum before the Justinian’s reform? Secondly, which action was used for exacting damages in such cases, if it was not actio legis Aquiliae (utilis)? Finally, if Justinian’s compilers included financial consequences of bodily injuries into damnum iniuria datum, what prompted them to carry out such a reform?

  • Issue Year: 60/2012
  • Issue No: 1
  • Page Range: 337-348
  • Page Count: 12
  • Language: Serbian