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

The limits of culpa levissima

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

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 article

+ Tax (if applicable)
Add to Favorites

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

10.1163/157181908X277554
/content/journals/10.1163/157181908x277554
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/157181908x277554
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/157181908x277554
Loading

Article metrics loading...

/content/journals/10.1163/157181908x277554
2008-03-01
2016-10-01

Sign-in

Can't access your account?
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation