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date: 23 October 2020

Abstract and Keywords

The earliest evidence of Roman delicts is to be found in the rules of the XII Tables which introduced the first types of delict and obligation. From these rules the Roman lawyers did not develop a general law of delict governing the delictual liability. The Roman system of delicts was in fact typical: with new delicts emerging until the first century BC. Simultaneously, during the final Republican period, the praetor introduced some actions for reparation of damage, later included by Justinian in quasi delict category. But the Roman system of delicts, was too typical to ensure the total reparation of the private damages deriving from an unlawful conduct. So actio de dolo was introduced to repair the loss caused by dolus, in case of absence of any specific delictual action. This was a subsidiary remedy, which filled the gaps of the typical system of actions.

Keywords: wrongs, delicts, quasi delicts, damage, fault

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