Lex Aquilia

From Wikipedia, the free encyclopedia

The lex Aquilia was a Roman law which provided compensation to the owners of property injured by someone's fault.

1 The provisions of the Lex Aquilia

[edit] The provisions of the Lex Aquilia

The lex Aquilia (strictly, a plebiscite) was possibly enacted in 286 BC, or at some other point in the 3rd century BC. It was concerned with damage done from damnum iniuria datum, "damage unlawfully inflicted", a kind of a tort (or, as the Romans would have it, delict), albeit with differences from tort as known in modern common law systems. The pertinent provisions were in the first and third chapters of the law.

Only a limited subset of torts was included in the law as enacted. The first section stated that someone who unlawfully, or wrongfully as it later became known, slayed another man's slaves or herd animal (pecus) should pay the owner the highest value that the slave or the beast had over the past year.

Ut qui servum servamve alienum alienamve quadrupedem vel pecudem iniuria occiderit, quanti id in eo anno plurimi fuit, tantum aes dare domino damnas esto. [D. 9.2.2.pr]

If anyone wrongfully kills another's male or female slave or four-footed herd-animal, let him be ordered to pay the owner whatever its highest value was in the preceding year.

The third chapter concerned the wrongful "burning, breaking or rending" (urere, frangere, rumpere) not only of slaves and cattle but also other property:

Ceterarum rerum praeter hominem et pecudem occisos si quis alteri damnum faxit, quod usserit fregerit ruperit iniuria, quanti ea res erit in diebus triginta proximis, tantum aes domino dare damnas esto. [D. 9.2.27.5]

As regards things other than men and cattle which have been killed, if any one does damage to another, and unlawfully burns, breaks, or ruptures something, let him be ordered to pay its owner whatever that thing is worth in the nearest thirty days.

Note that rumpere (rupture) was generally understood as corrumpere (spoil), and thus came to encompass a very large number of different sorts of damage.

Although the Lex Aquilia applied only where damage was unlawfully caused, this requirement was satisfied wherever a person was neglectful, as well as acting intentionally. It did, however, require direct causation. There was an exception to wrongfulness though. If an act could be proven to be justified (which jurists disagreed when exactly this was) it was not wrongful, such as cases of self defense.

The Lex Aquilia could not force a rent object or slain slave or herd animal to be replaced, it could only demand monetary compensation. If liability was denied but found by the iudex anyhow, the compensation was doubled.

[edit] Extension of the Lex Aquilia to other cases

The statute was in its terms rather narrow. For instance, the first chapter only applied where the killing had taken place directly (corpori corpore: on the body of the victim by the body of the perpetrator). It gave a remedy only to a citizen. It gave a remedy only to the strict legal owner (dominus) not to people with lesser rights of ownership. However, if an act was not directly caused or the damage inflicted a loss on someone other than the owner, an in factum action could be brought against the person who inflicted damage.