Actio noxalis

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The actio noxalis (also noxal liability ) is a liability of the person responsible for the victim of violence, which goes back to the early Roman Twelve Tables law . It regulates the compensation of damages to third parties that have been caused by one of the master's patria potestas , such as the slave or the house child.

Here, the noxal liability gives the violator, as the opponent of the claim, the choice of either compensating for the damage, as if he had committed it himself, or of extraditing the perpetrator ( noxae deditio ). The character of the disclosure changed in the course of the legal development to a manipulative surrender for the purpose of working off the guilt and subsequent release . The right of transfer was justified in the ancient context by the fact that it appeared unreasonable for the person who was in power to be subject to a liability that exceeded the value that the person subjected to violence represented for him.

The person in charge is personally obliged to the injured party. The noxal lawsuit is therefore an actio in personam . Liability is, however, an accessory to the position as a power holder. If another owner of the violence, this also becomes the debtor of the liability claim : noxa caput sequitur - Liability follows the perpetrator. According to a passage in the Digest , Ulpian points out that the seller of a slave had to inform the buyer whether he had an unfulfilled noxal liability. In the event of disregard of the disclosure obligation, the buyer had a conversion right.

literature

  • Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 8 no. 31 (p. 133 f.) And § 12 no. 17 (p. 203).

Individual evidence

  1. ^ Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 12 no. 17 (p. 203).
  2. ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , pp. 163 and 168.
  3. ↑ Max Kaser (greeting), Rolf Knütel (arrangement): Roman private law . 17th edition Beck, Munich 2003, p. 315, ISBN 3-406-41796-5 .
  4. ↑ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 289-291.
  5. ^ Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 8 no. 31 (p. 133 f.).
  6. ↑ D 21.1.1.1 f. Ulp 1 ed aed cur.

See also