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OBJECTIVE LIABILITY IN ROMAN LAW.

Authors :
Bogunović, Mirjana
Source :
Yearbook of Banjaluka Law School / Godisnjak Pravnok Fakulteta u Banjaluci; 2014, Issue 36, p187-209, 23p
Publication Year :
2014

Abstract

In this paper the author attempts to differentiate cases in which liability for damage is not excluded regardless of the (non)existence of fault of the offender, i.e. existence of intention or neglect/negligence, whence the ultimate aim of the paper is to prove that objective liability in Roman law did not exist as a burden of past and primitive animosity but as casuistics, which inevitably signifies a rather mature legalistic judgement of Roman legalists and pretors. Although Romans had not accepted the possibility of representation for a long time, they had however accepted noxal liability from the earliest times as a ligitimate form of liability for another. Although cases of objective liability mentioned in this paper have not left a significant trace on modern legislation, they are considered intriguing for their original legal solutions and thus deserve detail theoretical considerations. [ABSTRACT FROM AUTHOR]

Details

Language :
Serbian
ISSN :
03509052
Issue :
36
Database :
Complementary Index
Journal :
Yearbook of Banjaluka Law School / Godisnjak Pravnok Fakulteta u Banjaluci
Publication Type :
Academic Journal
Accession number :
96410413
Full Text :
https://doi.org/10.7251/GPF1404187B