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Quadrupedes pecudes

As far as, first of all, the potential objects of the delict under chapter one were concerned, the terms "servus" and "servam" presented little difficulty. But which animals could be classified as "quadrupedes pecudes"? Gaius regarded as essential that they were kept in herds and gave as examples sheep, goats, horses, mules and asses.153 The qualification of pigs was doubtful,154 but since the time of Labeo they were also taken to fall under chapter one.

Dogs were not included, and neither were (a fortiori) wild animals such as bears, lions or panthers. Elephants and camels were on the borderline: "natura eorum fera est", but on the other hand they served as draught animals.155 This was sufficient to bring them within the scope of chapter one.156

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Source: Zimmermann R.. The Law of Obligations. Roman Foundations of the Civilian Tradition. Juta & Co, Ltd,1992. — 1241 p.. 1992

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