Lex Aquilias påverkan på den svenska skadeståndsrätten

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The purpose of the essay is to examine the ancient roman law lex Aquilia and its role in the Swedish regulatory framework. The essay is focused on lex Aquilias influence on Swedish tort law. The purpose is to define lex Aquilias code and its historic background. It also treats in which time frame it started to impact Swedish law and how it has been applied. Based on the above the following questions are discussed: Lex Aquilias origin and content, when and on which grounds did it appear in Swedish law, how much of an influence has it on past and current tort law. Lex Aquilia was the first modern tort law, it was adopted 200 years before christ by the roman people gathering. The law was made in three chapters which together expressed the concept of culpa. Guilt is the pure latin translation of culpa. Lex Aquilias code stated when someone had to bear the guilt of damages and how to calculate the reimbursement. The roman emperor Justinaianus act Corpus Juris Civilis was the first civil codification. In the institutions which was one of the four parts of the code there are written comments on lex Aquilia from the ancient jurists of Rome. Lex Aquilia was to be amplified through the comments on the institutions. The current culpa assessment in todays law requires intent or recklessness. This framework was already established in the 16th century in Sweden. In the early 16th century a conclusive transformation was made in the regulatory framework. The current laws where dated and Sweden was in need of adoption of new legal principles. Corpus Juris Civilis was adopted at the same time the first court of appeal was created. The court of appeals rulings was treated was law and since the judges used Corpus Juris Civilis as a source of law lex Aquilia was adopted. Lex Aqulias similarity to todays law is striking. The princepiles of assessment of caution it clearly adopted from Corpus Juris Civilis. Our current framework for damages in sports and games is also influenced by the comments on lex Aquilia from the institutions.

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