Specialiter autem iniuria dicitur... iniuria-tényállások Ulpianus edictum-kommentárában /
This study examines the defense of personal rights in Roman law. The basis of the research was the 10th title of the 47th book of the Digest. Most fragment of this title is from Ulpianus. Romans had a special delict for the violation of personality and they called it iniuria. They did not know the w...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
2018
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| Sorozat: | Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae
1 |
| Kulcsszavak: | Jogtudomány |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/70856 |
| Tartalmi kivonat: | This study examines the defense of personal rights in Roman law. The basis of the research was the 10th title of the 47th book of the Digest. Most fragment of this title is from Ulpianus. Romans had a special delict for the violation of personality and they called it iniuria. They did not know the word ‘personality’. However, they realised that Roman citizens had to be defended against more than just their physical integrity. The first chapter concerns with the main elements of iniuria. The author emphasises that contumelia was the most important element of iniuria meaning the disregarding of another person’s personality. Any offense could be considered iniuria if it was committed contumeliously. In the second chapter, the author examines the specific types of iniuria. The Digest contains nominated and innominated types as well, which justifies iniuria as a diversified delict. First of all, the author analyses the classical forms of iniuria. He highlights a speech from M. Tullius Cicero (Pro Caecina) and identifies an iniuria type which was not named in the Digest. He renames it to ‘dolor imminutae libertatis’ after Cicero. It meant every offence which restricted the libertas (freedom) of a person. In this case, libertas means the exercise of a right without any restrictions. According to the author, the Digest contains a fragment that can be identified as this delict (D. 47,10,13,7). |
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| Terjedelem/Fizikai jellemzők: | 659-689 |
| ISSN: | 2560-2802 |