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The Roman Law of Obligations$
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Peter Birks and Eric Descheemaeker

Print publication date: 2014

Print ISBN-13: 9780198719274

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780198719274.001.0001

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Damnum Iniuria Datum (Loss Wrongfully Caused)

Damnum Iniuria Datum (Loss Wrongfully Caused)

(p.192) 9 Damnum Iniuria Datum (Loss Wrongfully Caused)
The Roman Law of Obligations

Peter Birks

Oxford University Press

This chapter examines the delict of loss wrongfully caused (damnum iniuria datum). It pays particular attention to the notions of loss (damnum), wrongfulness (iniuria) and fault (culpa) under the delict, as well as the distinction between the statutory action based on the lex Aquilia and its praetorian extensions, and controversies surrounding the measure of recovery.

Keywords:   damnum iniuria datum, lex Aquilia, iniuria, dolus, culpa, fault, wrongfulness

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