Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Modern and Contemporary Law

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The Roman concept of claim for damages has been the prevailing view for centuries, in situations which modern lawyers would consider as negligence that the negligence of the injured party led to a denial of his claim. The two different approaches, that of Roman law and that of natural law, influenced the discussion from the eighteenth century onwards. The natural law jurist Wolff, although holding a minority view at that time, turned away from the all-or-nothing approach. He believed that if the negligence of the wrongdoer as well as the contributory negligence of the injured party contributed to the damage in question, both parties should bear the damage, proportionate to the gravity of faults on either side. The question remains whether a partition of damages or the all-or-nothing approach was laid down in codes and which approach was applied in nineteenth- and twentieth-century legal scholarship and legal practice.

Keywords: damages; injured party; natural law; Roman concept of claim; Roman law

10.1163/9789004278721_006
/content/books/b9789004278721s006
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Contributory Negligence — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation