Servus non in omnibus rebus sine poena domino dicto audiens esse solet… (Eine Glosse zum Alfeni libro secundo digestorum, D. 44.7.20)
Servus non in omnibus rebus sine poena domino dicto audiens esse solet… (A gloss to the Alfeni libro secundo digestorum, D. 44.7.20)
Author(s): Aldona Rita JurewiczSubject(s): History of Law, Civil Law, Roman law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: Alfenus Varus; delictual liability of slave; delictual liability of freedman; iussum domini; lex Aquilia;
Summary/Abstract: In the text the author analyzes the excerpt of the work of late republican lawyer Alfenus Varus on the responsibility of slaves for the actions taken on the owner’s order. Text of Alfenus is preserved in D. 44.7.20. Its interpretation indicates that the discussed question was the private liability on the ground of lex Aquilia de damno and the perpetrator was manumitted after committing the wrongful act. The rule quoted by Alfenus, that the manumitted slaves should not be released from responsibility for the actions taken on the order of their masters, could refer to liability on the ground of the private and public law.
Journal: Studia Iuridica Lublinensia
- Issue Year: 30/2021
- Issue No: 4
- Page Range: 281-300
- Page Count: 19
- Language: German
