This subject aims to analyze the Roman praxis with regard to extracontractual liability (Torts). It will deal with the main concepts of this type of responsibility (dolus, fault, iniuria, punishment, damages).
PROGRAM:
1. Roman law and Roman tradition
2. The Roman legal system
2.1. The role of the law
2.2. The creation of Law derived from the Praetor and its Edict.
2.3. Jurists as interpreters of Law.
3. Tort law and sources of obligations: 'delicta' and 'quasi delicta'.
4. The crime of 'iniuria' and its evolution.
4.1. The law and the edict.
4.2. The jurisprudential interpretation.
5. The 'delictum damnum iniuria datum'.
5.1. Cases protected by law: The law of the XII Tables and the 'Lex Aquilia'.
5.2. The jurisprudential interpretation of the Aquilia Law.
5.3. Pretoria intervention: useful actions and actions 'in factum'.
6. The notions of guilt and unlawfulness.
7. The claim and assessment of the damage suffered: penalty and compensation in its historical evolution.