The Responsibility of the Heirs of the Magistratus Municipales. Examples from the Field of Datio Tutoris by the Magistrates
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...
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STS Science Centre Ltd.
2023-11-01
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| Series: | Journal on European History of Law |
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| Online Access: | https://journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/194 |
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| author | Emese Újvári |
| author_facet | Emese Újvári |
| author_sort | Emese Újvári |
| collection | DOAJ |
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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.
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| format | Article |
| id | doaj-art-0ecfcf6dbb9546df8a2e78655826d30a |
| institution | Kabale University |
| issn | 2042-6402 3049-9089 |
| language | deu |
| publishDate | 2023-11-01 |
| publisher | STS Science Centre Ltd. |
| record_format | Article |
| series | Journal on European History of Law |
| spelling | doaj-art-0ecfcf6dbb9546df8a2e78655826d30a2025-08-20T03:44:00ZdeuSTS Science Centre Ltd.Journal on European History of Law2042-64023049-90892023-11-01142The Responsibility of the Heirs of the Magistratus Municipales. Examples from the Field of Datio Tutoris by the MagistratesEmese Újvári0Chair of Legal History, Faculty of Law, University of Debrecen, Debrecen, Hungary 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. https://journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/194datio tutorismagistratus municipalesactio subsidiariahereditary responsibilitysatisdatio rem pupilli salvam forequasi delictum |
| spellingShingle | Emese Újvári The Responsibility of the Heirs of the Magistratus Municipales. Examples from the Field of Datio Tutoris by the Magistrates Journal on European History of Law datio tutoris magistratus municipales actio subsidiaria hereditary responsibility satisdatio rem pupilli salvam fore quasi delictum |
| title | The Responsibility of the Heirs of the Magistratus Municipales. Examples from the Field of Datio Tutoris by the Magistrates |
| title_full | The Responsibility of the Heirs of the Magistratus Municipales. Examples from the Field of Datio Tutoris by the Magistrates |
| title_fullStr | The Responsibility of the Heirs of the Magistratus Municipales. Examples from the Field of Datio Tutoris by the Magistrates |
| title_full_unstemmed | The Responsibility of the Heirs of the Magistratus Municipales. Examples from the Field of Datio Tutoris by the Magistrates |
| title_short | The Responsibility of the Heirs of the Magistratus Municipales. Examples from the Field of Datio Tutoris by the Magistrates |
| title_sort | responsibility of the heirs of the magistratus municipales examples from the field of datio tutoris by the magistrates |
| topic | datio tutoris magistratus municipales actio subsidiaria hereditary responsibility satisdatio rem pupilli salvam fore quasi delictum |
| url | https://journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/194 |
| work_keys_str_mv | AT emeseujvari theresponsibilityoftheheirsofthemagistratusmunicipalesexamplesfromthefieldofdatiotutorisbythemagistrates AT emeseujvari responsibilityoftheheirsofthemagistratusmunicipalesexamplesfromthefieldofdatiotutorisbythemagistrates |