Die Haftung der Erben der Munizipalmagistrate. Beispiele aus dem Bereich der magistratischen Vormundsbestellung

In the Roman Empire during the imperial period, in certain cases it was possible to take action against the magistratus municipales who had committed an omission or error in the guardianship order, if the default had (indirectly) caused damage to the ward. The sources suggest that the action which c...

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Bibliographic Details
Published inJournal on European History of Law Vol. 14; no. 2; pp. 236 - 245
Main Author Újvári, Emese
Format Journal Article
LanguageGerman
Published STS Science Centre Ltd 2023
Subjects
History
History of Law
Law, Constitution, Jurisprudence
Roman law
actio subsidiaria
magistratus municipales
hereditary responsibility
quasi delictum
datio tutoris
satisdatio rem pupilli salvam fore
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Summary:In the Roman Empire during the imperial period, in certain cases it was possible to take action against the magistratus municipales who had committed an omission or error in the guardianship order, if the default had (indirectly) caused damage to the ward. The sources suggest that the action which could be brought in such cases, the actio subsidiaria, was an actio poenalis and could not originally be brought against the heirs of the magistratus in the event of his death. Later, however, the heirs of the magistratus could also be sued under certain conditions, in order to provide greater protection for the interests of the ward.
ISSN:2042-6402