Значење ријечи „iniuria “ у контексту деликта „Damnum iniuria datum “
The meaning of term “iniuria“ in the context of delict “Damnum iniuria datum”

Summary/Abstract: This article is an attempt to determine the meaning of the term “iniuria” in the context of the Roman law tort called “Damnum iniuria datum” (a wrongful damage inflicted to another’s property) and to delineate it from the meaning of the specific tort called “Iniuria” (per alias personas) which is aimed at protecting a person’s physical and moral integrity. Under the concept of “iniuria”, a harmful action is qualified as a tortuous act if it has been committed “occidere, urere, frangere, rumpere”. It inevitably raises the question concerning the original meaning of iniuria at the time of enacting lex Aquilia; namely, did iniuria imply a subjective relation of the perpetrator to the wrongful act or an objective presumption of violating the ius civile and bonos mores? The nature and the meaning of iniuria have been subject to long-standing discussion in Roman Law theory which has yielded numerous standpoints on this subject matter. However, the legal theory has not engendered a unified position on this issue. The actual evolutionary development of iniuria and numerous legal theories do not coincide in some aspects.

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