Roman Law: Crimes, Torts, and Quasi Contracts/Delicts

Private Crime

1. Identification

Unlawful conduct affecting the field of tested and were initially suppressed by revenge.

2. Types

Furtum (Theft)

Different cases of damage to things that limited property rights, without violence. The owner was granted action against the thief.

Rapina (Robbery)

Property damage with violence. Action of stealing with violence.

Injury

Serious bodily injury, injury to organs of the body (300 and 150 aces), slapping (25 aces), the law of retaliation.

3. Subjects

Active

Victim of the illegal act.

Passive

The author of the crime should have the ability to understand and love.

4. Actions

Urged a covenant, but applies the lex talionis (eye for an eye, tooth for a tooth).

Only a limited subset of torts is included in the enacted law. The first section states that a person who illegally or improperly kills another man's slave or herd animal (pecus) must pay the owner the highest value that the slave or animal had in the last year.

Theft

The owner was granted action against the thief, who had an interest in the thing.

Unclear Theft

Sanctioned with an action twice the value of the thing stolen.

Manifesto Theft

The stolen thing would be canceled quad.

5. Legal Solution

Damage caused unjustly.

Damage Caused Unjustly

1. Identification

Unfairly damage to slaves, animals, logging, fires, etc.

2. Actions

Lex Aquilia

Actio Perpetua: The condemnation was sometimes double or single. The penalty was doubled if the defendant denied the charge. Maximum penalty based on the value over the last 30 days. Pecuniary damage, injury.

The Lex Aquilia (strictly speaking, a plebiscite called to vote for the Tribune Aquilio) may have been enacted in 286 BC, or at some other point in the 3rd century BC. It is mentioned in the Digest of Justinian (D.9.2.1.1). It refers to the damnum iniuria datum, "damage caused unlawfully," a kind of tort (or delict), although with differences from tort as known in modern common law systems. The relevant provisions are found in the first and third chapters of the law.

3. Legal Solution

The quasi-contracts.

The Quasi-Contracts

1. Business Management

A person manages the affairs of another without their knowledge, on their own initiative, but in the interests of the business owner.

Action: Business Management

2. Undue Payment

A person pays an obligation that they think they have to pay. If payment is made not knowing that the debt is invalid, it is a donation.

Action: Condictio Indebiti

3. Incidental Community

One thing is owned by several people without them having agreed.

Action: To divide the common thing.

The Quasi-Delicts

1. Judicial Corruption

A judge who allowed corruption was punishable by death if they had received money.

2. Things Thrown (Deiectis vel effusis)

A person throws solid or liquid things off a building and they occasionally cause damage to a person. Action: Actio de deiectis vel effusis or Actio ex lege Aquilia. The owner is responsible for their child or slave.

3. Things Placed (Posita vel suspensa)

People who keep things hanging on a building and, upon falling into the street, cause damage. Action: Actio de posito vel suspenso