Problems of causation in Aquilian's casuistry
Roman lawyers interpreted causation in a very specific way, without any abstractions or generalisations, existence or non-existence of causation was established in each particular case ( ad hoc). They did not establish the existence of the causation between an act of a tortfeasor and a harmful resul...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2013-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2013/0550-21791304437B.pdf |
| _version_ | 1818984777242378240 |
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| author | Bogunović Mirjana |
| author_facet | Bogunović Mirjana |
| author_sort | Bogunović Mirjana |
| collection | DOAJ |
| description | Roman lawyers interpreted causation in a very specific way, without any abstractions or generalisations, existence or non-existence of causation was established in each particular case ( ad hoc). They did not establish the existence of the causation between an act of a tortfeasor and a harmful result, but causation had to exist between the culpa of the tortfeasor and the result. Initially, it was necessary for the causation to be direct, made with active doing body to body (damnum corpori corpore datum). With the time, the narrow understanding of causation was overcome and indirect causation started to be appreciated, while the human behavior could exclusively be omissive. Aquilian's casuistry is very rich with the cases of problematic causation. Meanwhile, these elementary rules for resolving a particular case in practice proved insufficient and incomplete, since unique life circumstances had created a need for a more complex view of causation. |
| first_indexed | 2024-12-20T18:24:23Z |
| format | Article |
| id | doaj.art-bb38c9d950354f94807d2ac97844d67c |
| institution | Directory Open Access Journal |
| issn | 0550-2179 2406-1255 |
| language | English |
| last_indexed | 2024-12-20T18:24:23Z |
| publishDate | 2013-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj.art-bb38c9d950354f94807d2ac97844d67c2022-12-21T19:30:12ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552013-01-0147443744710.5937/zrpfns47-41470550-21791304437BProblems of causation in Aquilian's casuistryBogunović Mirjana0Univerzitet u Banjoj Luci, Pravni fakultet, Banja Luka, Republika Srpska, Bosna i HercegovinaRoman lawyers interpreted causation in a very specific way, without any abstractions or generalisations, existence or non-existence of causation was established in each particular case ( ad hoc). They did not establish the existence of the causation between an act of a tortfeasor and a harmful result, but causation had to exist between the culpa of the tortfeasor and the result. Initially, it was necessary for the causation to be direct, made with active doing body to body (damnum corpori corpore datum). With the time, the narrow understanding of causation was overcome and indirect causation started to be appreciated, while the human behavior could exclusively be omissive. Aquilian's casuistry is very rich with the cases of problematic causation. Meanwhile, these elementary rules for resolving a particular case in practice proved insufficient and incomplete, since unique life circumstances had created a need for a more complex view of causation.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2013/0550-21791304437B.pdfcausalityJulianusCelsusactio in factumLex Aquiliasimultaneously harmful effectscausa superveniens |
| spellingShingle | Bogunović Mirjana Problems of causation in Aquilian's casuistry Zbornik Radova: Pravni Fakultet u Novom Sadu causality Julianus Celsus actio in factum Lex Aquilia simultaneously harmful effects causa superveniens |
| title | Problems of causation in Aquilian's casuistry |
| title_full | Problems of causation in Aquilian's casuistry |
| title_fullStr | Problems of causation in Aquilian's casuistry |
| title_full_unstemmed | Problems of causation in Aquilian's casuistry |
| title_short | Problems of causation in Aquilian's casuistry |
| title_sort | problems of causation in aquilian s casuistry |
| topic | causality Julianus Celsus actio in factum Lex Aquilia simultaneously harmful effects causa superveniens |
| url | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2013/0550-21791304437B.pdf |
| work_keys_str_mv | AT bogunovicmirjana problemsofcausationinaquilianscasuistry |