Quasidelicts in Ancient Roman Law
In ancient Roman law four sources of obligations were recognized, namely: contract, quasicontract, delict and quasidelict. The article addresses quasidelict as a source which gives rise to the obligation. Especially the author tries to find out the historical reasons for erecting the special class o...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Yaroslav Mudryi National Law University
2017-03-01
|
| Series: | Проблеми Законності |
| Subjects: | |
| Online Access: | http://plaw.nlu.edu.ua/article/view/93497 |
| _version_ | 1811205373274619904 |
|---|---|
| author | Богдан Петрович Карнаух |
| author_facet | Богдан Петрович Карнаух |
| author_sort | Богдан Петрович Карнаух |
| collection | DOAJ |
| description | In ancient Roman law four sources of obligations were recognized, namely: contract, quasicontract, delict and quasidelict. The article addresses quasidelict as a source which gives rise to the obligation. Especially the author tries to find out the historical reasons for erecting the special class of quasidelicts. In this context the author focuses on the discussion over the following question: what distinguishes the quasidelicts from ordinary delicts (torts)? In other words, why did Romans hesitate to qualify some particular cases as delicts (torts) and instead called them «quasidelicts»?
The author analyses in detail the liability of the defendant in each of the cases, which Romans qualified as quasidelicts. In particular, the following cases are contemplated: judge’s offence; when something was thrown or poured onto a public place; when something was suspended or placed in a way as to pose a danger to passers-by; and case of liability for damage inflicted to passengers of a ship, guests of hotel or inn.
The conclusion is reached that quasidelict is a concept to denominate something which resembles delict (tort) but strictly speaking does not constitute a delict due to lack of one or more delict’s essential features. Usually the lacking feature is blameworthiness (or fault) of the defendant. |
| first_indexed | 2024-04-12T03:29:47Z |
| format | Article |
| id | doaj.art-b483d97ad80744d693dde74eb83abbd9 |
| institution | Directory Open Access Journal |
| issn | 2224-9281 2414-990X |
| language | English |
| last_indexed | 2024-04-12T03:29:47Z |
| publishDate | 2017-03-01 |
| publisher | Yaroslav Mudryi National Law University |
| record_format | Article |
| series | Проблеми Законності |
| spelling | doaj.art-b483d97ad80744d693dde74eb83abbd92022-12-22T03:49:34ZengYaroslav Mudryi National Law UniversityПроблеми Законності2224-92812414-990X2017-03-010136213110.21564/2414-990x.136.9349793497Quasidelicts in Ancient Roman LawБогдан Петрович Карнаух0Yaroslav Mudryi National Law UniversityIn ancient Roman law four sources of obligations were recognized, namely: contract, quasicontract, delict and quasidelict. The article addresses quasidelict as a source which gives rise to the obligation. Especially the author tries to find out the historical reasons for erecting the special class of quasidelicts. In this context the author focuses on the discussion over the following question: what distinguishes the quasidelicts from ordinary delicts (torts)? In other words, why did Romans hesitate to qualify some particular cases as delicts (torts) and instead called them «quasidelicts»? The author analyses in detail the liability of the defendant in each of the cases, which Romans qualified as quasidelicts. In particular, the following cases are contemplated: judge’s offence; when something was thrown or poured onto a public place; when something was suspended or placed in a way as to pose a danger to passers-by; and case of liability for damage inflicted to passengers of a ship, guests of hotel or inn. The conclusion is reached that quasidelict is a concept to denominate something which resembles delict (tort) but strictly speaking does not constitute a delict due to lack of one or more delict’s essential features. Usually the lacking feature is blameworthiness (or fault) of the defendant.http://plaw.nlu.edu.ua/article/view/93497obligationtypes of obligationsdelict (tort)quasidelictRoman law |
| spellingShingle | Богдан Петрович Карнаух Quasidelicts in Ancient Roman Law Проблеми Законності obligation types of obligations delict (tort) quasidelict Roman law |
| title | Quasidelicts in Ancient Roman Law |
| title_full | Quasidelicts in Ancient Roman Law |
| title_fullStr | Quasidelicts in Ancient Roman Law |
| title_full_unstemmed | Quasidelicts in Ancient Roman Law |
| title_short | Quasidelicts in Ancient Roman Law |
| title_sort | quasidelicts in ancient roman law |
| topic | obligation types of obligations delict (tort) quasidelict Roman law |
| url | http://plaw.nlu.edu.ua/article/view/93497 |
| work_keys_str_mv | AT bogdanpetrovičkarnauh quasidelictsinancientromanlaw |