Actio tutelae directa
The actio directa tutelae was already in the Twelve Tables contained Roman suit the ward ( pupillus ) against the guardian ( tutor ) on accounting for termination of guardianship. In return, the guardian could demand reimbursement of expenses through the actio tutelae contraria .
If convicted for damage caused intentionally or negligently to the ward's assets, the ward was entitled to a payment claim against the guardian for double the amount of the damage. The conviction was for the guardian infamierende effect ( infamia mediata ).
In his first major work, the Edictum Perpetuum , the legal historian Otto Lenel quotes a reconstruction of the formula made by Adolf August Friedrich Rudorff as follows:
"Quod Ns Ns Ai Ai tutelam gessit, quidquid ob eam rem Nm Nm Ao Ao dare facere oportet ex fide bona, eius iudex Nm Nm Ao Ao csnpa"
The actio tutelae directa is one of the very few Roman complaints that have come down to us in the original. It was found in the Babatha archive at the Dead Sea, which contained three such formulas. These formulas were adapted to the legal practice of the province.
According to § 1833 BGB , the guardian is liable to the ward for any damage resulting from a breach of duty.
See also
literature
- Peter Apathy , Georg Klingenberg , Martin Pennitz : Introduction to Roman law (= Böhlau study books . Basics of studies ). 4th, improved and supplemented edition. Böhlau Verlag , Vienna 2007, ISBN 978-3-205-77651-2 , p. 36 ( limited preview in Google Book Search ).
Individual evidence
- ^ George Long: Tutor In: William Smith: A Dictionary of Greek and Roman Antiquities. John Murray, London 1875 (English).
- ↑ Cf. Adolf August Friedrich Rudorff : The right of guardianship developed from the common rights applicable in Germany . 3 vols. Ferdinand Dümmler, Berlin 1832–1834 (digitized version)
- ↑ Otto Lenel : Edictum Perpetuum. An attempt to restore it. 3rd, improved edition. Bernhard Tauchnitz Verlag , Leipzig 1927 (first 1883), p. 318 ( digitized version ; PDF; 54.6 MB).