Plan of treatment
It is in conformity with our initial programme123 if we confine ourselves to these somewhat sketchy general remarks. Just as the Roman lawyers did not develop a general law of contract, so they were not interested in carving out a set of rules and principles governing delictual liability at large.
They had a law of delicts rather than of delict. We, too, should therefore rather look at the specific private wrongs on which they focused their attention. Since, however, we cannot provide a comprehensive survey, we have to confine our attention to the three most important delicts originating in the ius civile: furtum, damnum iniuria datum and iniuria. One of them, damnum iniuria datum, as regulated by the lex Aquilia, was to become the nucleus of the modern generalized law of delict. Historically older, however, were furtum and iniuria; both were already recognized by the time of the XII Tables as two specific types of delict. Following the traditional order of the ius commune,124 we shall commence our discussion with furtum."" For all details, sec Levy, Konkurrenz, vol. I and II; Liebs, KltCenkonkurretiz. passim; cf. also Kaser, RZ. pp. 232 sqq. 123 Supra, p. 32.
"Inter Delicti Privata primo loco ponitur Furtum, quia ejus correctio est anriquis- sima": Lauterbach, Collegium theoretico-practicutn. Lib. XLVII, Tit. II, II.
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