Gert Brüggemeier, ‘Fault Liability Today: A Critical View of the Cathedral’

For the Roman law maker of the lex Aquilia in the 3rd century B.C., the situation was easy: A Roman citizen, who caused property damage had to compensate this damage, provided that he/she had committed an unlawful act. Initially, this covered only the direct wilful infliction of physical damage. Only subsequently, under the broadened heading of iniuria, dolus and culpa became doctrinally separated categories as deliberate and blameworthy acts. Liability for intentional injuries and for negligence developed as two forms of fault or even as two distinct types of delict/torts, with the corollary that there was no liability for casus, that is non-blameworthy behaviour. Later on the obligation to pay damages was extended to bodily injuries. The fault principle, however, kept its paramount standing throughout the centuries, especially after the reception of Roman law in the Middle Ages … (more)

Gert Brüggemeier, ‘Fault Liability Today, A Critical View of the Cathedral’. Opinio Juris in Comparatione Vol I, n I / 2014.

First posted 2015-03-02 14:37:43

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