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Roman Law in Antiquity

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Chapter Summary

It is commonly argued that until the nineteenth century the injured party could not recover damages in a legal procedure when his negligence contributed to the occurrence of the injury, unless the wrongdoer had acted intentionally. This idea should already have been present in Roman law, but one has argued that the foundation of this rule in Roman law was unclear. This chapter discusses the role of the conduct of the injured party. It is twofold. Firstly, a good understanding of the relevant texts of Justinian's legislation is necessary in order to understand the later developments in the period of ius commune. Secondly, an exegesis of the relevant texts in the context of classical Roman law is important not so much because of the significance for the ius commune but because of the influence of this law on legal humanism.

Keywords: injured party; ius commune; Justinian's legislation; legal humanism; Roman law

10.1163/9789004278721_003
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