Original scientific paper

Iniuria in pre-classical Roman law: concept and protection

Ivana Jaramaz-Reskušić ; Faculty of law, University of Zagreb, Zagreb, Croatia

Abstract

Analysing relevant legal and non-legal sources, the paper tries to elucidate the changes that occurred in the nature and scope of the concept of iniuria and the forms of legal protection in the period from the Law of the Twelve Tables to the end of the praetorian period. In the first part of the paper, the term iniuria is explained in legal technical terms as a private wrong consisting in a slight physical injury inflicted on a free man, subject to legal action by legis actio per iudicis arbitrive postulationem. In the central part of the paper, the author analyses the long and complex process in which the praetor proclaims actio iniuriarum aestimatoria, and thus on the one hand restricts the scope of iniuria to a deliberate act, and on the other extends it to non-physical injuries.

Keywords

Law of the Twelve Tables; iniuria; praetor; edicts; lex Cornelia de iniuriis; actio iniuriarum aestimatoria; iudicium contrarium

Hrčak ID:

67121

URI

https://hrcak.srce.hr/67121

Publication date:

20.3.2011.

Article data in other languages: croatian

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