Keywords
delictum and cuasi delictum
civil liability (torts)
historical evolution of civil liability (torts)
How to Cite
Abstract
The reader will find in the next pages a study about the regime of
delictum and quasi delictum, figures that we had named in a general
manner as “illicit acts”. The target is to make an analysis concerning
the evolution presented in Rome with respect to the treatment that the
Roman law gave to the acts that derived in damages to people or
things. Such evolution will be analyzed taking as a point of departure
the XII Tables Law and will come to an end with the pertinent
references on the matter of the regime established by the emperor
JUSTINIANO in the Corpus Iuris. The study comprises the crimes that
had been designated “private crimes”, from the established by civil
law to those whose consecration was a matter of the Praetor, as those
posterior diverse figures that were classified as generating cuasi ex
delictio obligations. We has done an analysis more detailed about the
regime that existed in the Roman Law in relation with the crime called
damnum iniuria datum, which is the remote origin of the modern civil
damage responsibility (civil liability). En this part is also analyzed
the evolution of this institution from the legal point of view, with the
respective references to the XII tables Law and the Lex aquilia, as the
importance that with respect to his reach and extension had the praetor
activity, with which for the times of Justinian’s Law, the figure already
had configured a great part of the structural elements that
subsequently, due to the systematization done by the natural law
school, were poured out in the codifications of the XIX century, under
the concept of extra-contractual civil responsibility
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