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OBJECTIVE LIABILITY IN ROMAN LAW.
- 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