Hrozící škoda v římském právu
Damage threats in the Roman law

Summary/Abstract: This text presents the Roman law institute of secu­rity in cases of damage threats. The beginning of the development of this institute dates back as far as the Law of Twelve Tables. Gai's legal textbook represents an evidence that there existed a legisaction process in cases of damage threats. Legisaction was prohibited by Julius's law in 11 AD with the exception of procedu­res in cases of damage threats. In the author's opinion, these were the facts of the case that were in the archaic law proposed for legal procedures performed in the provinces. In these cases there remained the possibility to place a lawsuit in the well-known form of legisaction. In cities and towns buildings of two and more levels featuring many apartments started to be built as a re­sult of population inflow. The bad construction quality resulted in frequent accidents and fires. It was necessary to find new ways of dealing with these situations. The praetorian edict De damno infecto represents such an attempt. This obligation meant a right to damage compensation if there had really been some damage in the form of stipulation claim. If the obliged party failed to cooperate, the damaged party could, by way of extra praetorian means, become the holder of the land. If the owner of defected and damage threatening damage was inactive, he risked the loss of his right to the particular land or building.

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