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Summary and Concluding Remarks

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Chapter Summary

This chapter shows how from Antiquity to today the fault of the injured party influenced claims for damages based on delictual liability and evolved into the modern concept of contributory negligence. It mainly addresses the following two central questions. Firstly, what was the historical development as to the solutions provided to the problem of contributory negligence in the event of delictual liability? Secondly, what was the influence of the solutions found in Roman law, canon law and indigenous law on later and present-day doctrines and codes? The chapter starts with the answer to the first question in order to be able to provide an answer to the second question, and studies the various views and solutions provided in various periods in legal history. Roman law in Antiquity was studied whereby a distinction was made between classical Roman law and Justinianic law.

Keywords: canon law; injured party; Justinianic law; Roman law



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