STRICT LIABILITY IN ROMAN LAW Cover Image

ОБЈЕКТИВНА ОДГОВОРНОСТ У РИМСКОМ ПРАВУ
STRICT LIABILITY IN ROMAN LAW

Author(s): Mirjana Bogunović
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: objective responsibility; responsibility for another; contracts;

Summary/Abstract: In this paper, the author tries to differentiate the cases in which the responsibility for the resulting damage is held regardless of the guilt of the perpetrator, i.e. the existence of intent or inattention, i.e. negligence, and to prove that objective responsibility in Roman law is not present as a burden of the past and primitive animosity, but as a casuistry that certainly indicates to the mature legal reasoning of Roman lawyers and praetors. Although the Romans did not recognize the possibility of representing other persons for a long time, they recognized noxal responsibility from the earliest times as a legitimate form of responsibility for others. According to the cases of objective responsibility mentioned in the paper, they did not leave a significant mark on modern legislation, they are certainly intriguing due to their original legal solutions and deserve more detailed theoretical considerations.

  • Issue Year: 2014
  • Issue No: 36
  • Page Range: 187-209
  • Page Count: 23
  • Language: Serbian
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