We have now sketched the framework within which to appreciate how the Roman jurists applied and interpreted the individual requirements for condemnation in terms of the lex Aquiiia.
It is obvious that, in order to be liable, the defendant had to have brought about some kind of harmful result: an object must have been damaged and the damage must have arisen as the result of some conduct of the wrongdoer.
Both the result and the wrongdoer's action were described in the first chapter with the words "servum servamve alienum alienamve quadrupedem vel pecudem... occidere", while the third chapter referred to "damnum facere", specified by the terms "mere frangere rumpere". But in neither case were these merely objective, or factual, requirements sufficient. If it was to rate as an Aquilian delict, occidere, mere frangere rumpere (or, more generally: damnum facere) had to be evaluated in a specific manner: it had to be labelled "iniuria". Under both chapters, iniuria was thus the essential term that gave the injury inflicted its distinctly delictual flavour.1.
More on the topic We have now sketched the framework within which to appreciate how the Roman jurists applied and interpreted the individual requirements for condemnation in terms of the lex Aquiiia.:
- C. THE INDIVIDUAL JURISTS
- Requirements of mora creditoris in Roman law
- The Roman family constituted the basic structural framework of Roman society.
- Requirements ofmora debitoris in Roman law
- This chapter addresses the spirit, style, and character of the Roman jurists, the true architects of the Roman legal system.
- The Roman Jurists
- 2. The procedural framework for set-off in Roman law
- The concept, sketched in the preceding chapter, of the obligatio as being a strictly personal bond between the two parties who had concluded the contract found highly characteristic expression in the fact that Roman law did not recognize contracts in favour of third parties, (direct) agency and the cession of rights.
- Roman Law Terms with Letters L
- Roman Law Terms with Letters Ð