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- Title
La reducción del resarcimiento por culpa de la víctima. Reflexiones a la luz del análisis de algunas fuentes romanas.
- Authors
SAN MARTÍN NEIRA, LILIAN C.
- Abstract
The paper discusses which criteria should be applied to calculate damages in cases of contributory negligence. It analyzes the meaning and scope of the so called comparative negligence doctrine in Roman law and how it was later abandoned after CHRISTIAN WOLFF'S work. The paper shows that, contrary to current teachings, roman jurists allowed the possibility of dividing the damages between the victim and the tortfeasor. These jurists identified objective criteria which served as a nexus between the behavior of the victim and the portion of risk that it had to assume.
- Subjects
COMPENSATION (Roman law); NEGLIGENCE (Roman law); CONTRIBUTORY negligence; BLAMING the victim; COMPARATIVE negligence; WOLFF, Christian, Freiherr von, 1679-1754; JURISPRUDENCE; SENTENCE reduction (Criminal procedure)
- Publication
Revista de Derecho Privado, 2014, Issue 27, p35
- ISSN
1909-7794
- Publication type
Article