Actio iniuriarum
The actio iniuriarum (also aestimatoria ) was an action for penance under Roman law . She dealt with willful bodily harm and defamation (real and verbaliniuria). The aim of the action was compensation and a fine. The claims for damages resulting from the violation of legal interests (physical integrity and honor) were subject to the standard of equity ( aequum et bonum ). Unlike other Bußklagen was actio iniuriarum to lis pendens unvererblich.
In the pre-classical, old civil law of twelve tables, the violation of personality, comparable to the damage to property, was still regulated on a case- by -case basis (XII Tables: 8, 2–3). Recognized in cases of defamation was the replacement of an immaterial interest that was derived from the property damage law “damnum term” ( Latin for damage ). Minor physical injuries resulted in fines. Serious physical injuries could also be punished according to talion law (“like you me, so me you”) if the perpetrator did not pay the penalty required by the injured person. There was no legal action for negligent bodily harm, as Rome's lawyers followed the principle liberum corpus non recipit aestimationem , according to which the body of a free person could not be weighed against money.
The praetors had probably based their edictum de iniuriis aestimandis in classical times on the old civil standardization, with changes in the legal consequences. Max Kaser uses Ulpian (as evidenced by the Digest ) as a source for settlement agreements.
Old civil sources
The maximum punishment allowed was the infliction of the same injustice (Talion) if the injured person did not want to be subjected to a lawsuit for bodily harm in the case of excessive revenge.
"SI MEMBRUM RUPSIT, NI CUM EO PACIT, TALIO ESTO."
"If someone injures a part of the body, the same should happen to him if he does not agree with him."
“MANU FUSTIVE SI OS FREGIT LIBERO, CCC; SI SERVO; CL POENAM SUBITO. "
"If someone breaks a free man's bone with his hand or a club, he should pay 300 ace's fine, for a slave 150."
Remarks
- ↑ a b Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , pp. 87 f., 174.
- ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 285 f.
- ↑ Roland Wittmann : The assault on free in the ldassischen Roman law . In: Journal of the Savigny Foundation for Legal History , Romance Studies Department. Volume 92, Issue 1 (1972). P. 25 ff .; Max Kaser : Roman legal sources and applied legal method. In: Research on Roman Law Volume 36. Verlag Böhlau, Vienna, Cologne, Graz, 1986. ISBN 3-205-05001-0 . P. 111, FN 84.
- ↑ Ulpian , Dig. 2.14.17.1.
- ↑ Ulrich Manthe : History of Roman Law (= Beck'sche series. 2132). Beck, Munich 2000, ISBN 3-406-44732-5 , pp. 54-56.
