Delict I

• What is the law of "Delict" concerned with?

  It deals with private law wrongs.
• How does "Delict" differ from Criminal Law?

  Delict involves private parties vindicating their rights, while Criminal Law involves the state punishing public wrongs.
• What is the English law equivalent of Delict?

  Tort.
• What is a key difference between public-law wrongs and private-law wrongs?

  Public-law wrongs are primarily punitive, while private-law wrongs can seek reparation without necessarily punishing.
• How can a single act be classified in both public and private law?

  Acts like "battery" can be both a tort and a crime, showing overlap between the two legal categories.
• What is the difference between "conversion" and "theft" in legal terms?

  Conversion is a private law wrong for interfering with property, while theft is a crime.
• What historical context influenced the development of delicts?

  Delicts emerged from a system of private retribution and evolved to focus more on private interests over time.
• What does the term "wrongs" refer to in the context of Delict?

  It refers to actions that justify a complaint from one party against another.
• How did the Roman law categorize delicts?

  Delicts were categorized negatively in relation to contracts, arising from wrongdoing rather than agreements.
• What is the first ground of liability studied in Delict?

  • Furtum (theft)
  • Involves taking another's property for oneself
  • Known as "asportation"
• What is rapina translated to in English law?

  Robbery.
• What is the final delict discussed in the material?

  Iniuria.
• How does Delict compare to English law of tort?

  • Delict resembles tort in wrongful conduct causing harm
  • Redress in delict has a penal aspect (actio peonalis)
  • Tort focuses on damages without penal implications
• What are the key components of modern delictual liability in continental law?

  • Causation
  • Unlawfulness
  • Fault
  • Damages
• What was the original method of redress for delicts?

  Private vengeance through seizure of the wrongdoer's body.
• What was the penalty for breaking a free man's bone in the context of iniuria?

  300 asses.
• How did praetor intervention change the penalties for iniuria?

  It replaced fixed penalties with damages assessed by the iudex.
• What are actiones poenales?

  Penal actions enforced through civil penalties for delicts.
• What does the principle of non bis in idem refer to?

  It prohibits double recovery for the same delict.
• What happens in the case of a manifest thief?

  No trial is needed as guilt is evident.
• How do penal actions differ from reipersecutory actions?

  Penal actions involve punishment, while reipersecutory actions focus on compensation.
• What are the practical consequences of penal actions?

  • Joint liability for multiple wrongdoers
  • Dual actions allowed (penal and reipersecutory)
  • Actions can be brought against heirs under certain conditions
  • Capitis deminutio does not affect delictal liability
• What happens if the victim of a delict dies?

  The action can still lie, except in the case of iniuria.
• What type of action is taken against a slave or son in potestate for a delict?

  A noxal action against the paterfamilias.
• What are the four types of delict according to Justinian?

  • Furtum (theft)
  • Rapina (robbery)
  • Damnum iniuria datum (loss wrongfully caused)
  • Iniuria (insult)
• What criticism does Nicholas have regarding Justinian's classification of delict?

  He finds it unsatisfactory for including rapina as a separate category and omitting major praetorian actions for dolus and metus.
• What is the primary source referenced in the study material?

  G.3.192.
• What are the three main types of delict discussed in the study material?

  Furtum, rapina, and iniuria.
• What does the term "talio" refer to in the context of iniuria?

  It refers to retaliation as a form of redress for acts of force.
• What was the significance of the Twelve Tables in relation to iniuria?

  They provided fixed penalties for acts of iniuria, including specific penalties for bodily harm.
• What is the concept of noxal liability in relation to delict law?

  Noxal liability allows for actions against a paterfamilias for delicts committed by a slave or son in potestate.
• How does capitis deminutio affect delictal liability?

  It does not affect delictal liability, as the same physical individual committed the wrong.
• What is the relationship between penal actions and reipersecutory actions?

  Penal actions focus on punishment, while reipersecutory actions focus on compensating the victim.
• What does the concept of dual actions allow in delict law?

  It allows for a penal action and a reipersecutory action to be pursued simultaneously.
• What happens if the victim dies as a result of the wrongdoer's action?

  The action did lie, except in the case of action for iniuria.
• What is a noxal action in the context of a slave or son in potestate?

  The action is against the paterfamilias, who can pay the penalty or surrender the wrongdoer.
• What does the principle of nova caput sequitur refer to?

  It refers to the liability following the slave's head, indicating the responsibility of the paterfamilias.
• What are the four types of delict according to Justinian's classification?

  • Furtum (theft)
  • Rapina (robbery)
  • Damnum iniuria datum (loss wrongfully caused)
  • Iniuria (insult)
• What criticism does Nicholas have regarding Justinian's classification of delict?

  He finds it unsatisfactory for including rapina as a separate category and omitting major praetorian actions for dolus and metus.
• What was the penalty for preventing a search for stolen property according to G.3.192?

  The penalty was for the quadruple value of the stolen property.