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Noxal liability

A father or master was also liable for offenses or delicts committed by a son or a slave. The father or master had options against this liability, however. He could either pay the damages caused by the son or slave, or surrender the offender to the person injured, for the latter to exact vengeance.

Noxal liability, it was said, followed the wrongdoer (Ulpian, D. 9.1.1.12: noxa caput sequitur). Thus, if a son who committed a wrong was adopted, or a slave who committed a wrong came under the power of another master, liability was transferred to the new father or master. On the other hand, if the son became independent (sui iuris) or the slave was freed, there was no longer noxal liability, but only the possibility of a direct action against the wrongdoer. When action (e.g., actio furti, or actio legis Aquiliae) was directed against the father or master for offenses committed by his son or slave, it was called a noxal action (actio noxalis).

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Source: Domingo Rafael. Roman Law: An Introduction. Routledge,2018. — 252 p.. 2018

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