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The limits of culpa levissima

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In D. 9,2,44pr., Ulpian states that, under the lex Aquilia, even the slightest fault (levissima culpa) counts. Since the time of the glossators, this phrase has been regarded as a general rule. Only one Romanist, MacCormack, has interpreted the phrase in a narrow sense: in his view, culpa levissima only referred to the case of scientia domini mentioned in section 1 of Ulpian's text. Later, Gimenez-Candela has argued that scientia domini led to direct liability only in case of damnum iniuria datum. The author aims to prove that culpa levissima only referred to scientia domini but that, on the other hand, scientia domini led to direct liability in all delicts.

Affiliations: 1: Tilburg University, Faculty of Law, POBox 90153, 5000 LE Tilburg, The Netherlands


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