Actio de posito vel suspenso

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The actio de posito vel suspense was in ancient Roman law, a popular action that was directed against the owner of a building, from which emanated the risk that something threatened to fall down to the detriment of a passerby. Similar to the actio de deiectis vel effusis , it was close to the compulsory claims ex delicto , which sought to pacify liabilities from behavior similar to a crime. A concrete occurrence of damage was not required, rather the abstract danger for the protected property of public road safety was sufficient.

Individual evidence

  1. Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 197.
  2. Christoph Salmen-Everinghoff: On cautio damni infecti: the return of a Roman legal legal institute in modern civil law , Verlag Peter Lang, ISBN 978-3-631-58729-4 , p. 63 ( online )