ИНЈУРИЈА КАО ДЕЛИКТ
INIURIA AS A TORT
Author(s): Ognjen VujovićSubject(s): Civil Law
Published by: Правни факултет Универзитета у Београду
Keywords: Iniuria; Pre-crimen; Membrum ruptum; Os fractum; Insult;
Summary/Abstract: Iniuria has been a sign of illegality from early times. Therefore, it signified pre-crimen. During the process of secular iniuria separation from pre-crimen, obligation law is appeared and occurred as a tort iniuria as well. In the time of passage of XII Tables there can be neither defamation tort nor defamation. How can they exist unless the word has been secularized yet? A key role in the process of offence of iniuria decomposition was played by the need for legal-linguistic standardization of striking physical injuries through special legal formula (membrum ruptum and os fractum). This standardization has got the tendency, by typical cases and through special formula, to provide a gradual special protection to special values, and form separate assaults. However, that process has never been completed yet.
Journal: Анали Правног факултета у Београду
- Issue Year: 59/2011
- Issue No: 2
- Page Range: 360-380
- Page Count: 21
- Language: Serbian