The Institutes of Justinian

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a sere man who belleves himself to Maour flave, ou have noaction, unies the objectis the utrage was to bring o into contempt thoughae can sue in his o niame. The principiei the fame hen another man's lave belleves himself obelondito om mmca Sue o an utrage committe on himon*-hen iis objectris to bring contemptin you. The penalty prescribe sor utrage in the welve abies Was, sor a lim clisabled, retallation, sor a bone meret brohena pecuniar mulct proportionale to the great overinos theam. The praetor howeve subsequently allo e the personoutrage to ut his own estimate on the wrong the judgehavin a discretion to condem the defendant either in thesum so named by the lainti' or in acies amount an os these two kind os penalties that fixe by the welve Tabies is no obsolete, While that introduce by the praetore, hichis also calle honorary, is mos usual in the actua practiceos the ouris Thus the pecuniar compensation Wardedsor an utram rises an salis in amount accoming to the rankand character of the lainti' and this principi is no improperi sollowe even here it is a lave hocis utraged; the penalty where the flave is a te ardieinidifferent DomWhat it is hen hecis an ordinar mental, and different again When he is condemne to ea setters Therae Corneliaratis contain provision a to utrages, an introduce an actioni outrage avallabierio a plaintim ho alleges that he has been struch or beaten, o that a sorcibi enir has been made um his ouse the term his house includin not

t0uStyrus a Dest. An utrage ecomes A aggravated eitheristomine atroclous character of the Ct, as here a mancis

Wounde or beate Wit club by another o hom the place Where it is committed sor instance, in the theatrem sorum ori sui sight of the praetor o Dom the an of the person Outraged,-i iti a magistrate, sor instance, o is a senator beoutrage hy a person scio condition or a parentis his child, or a patrocis his Deedman; sor suc an injury done to

senator, a parent, or a patron has chigher pecunia mompensation a arde socii than ne done to a mere stranger, or

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t a personis to condition. Sometimes to the positionis the wound ais an utram aggravated as here a manis struch in the n. Whether the Personin hom fuch anoutrage is inflicte is independenti in the power of anotheris almost entiret immateriat, it hein considere aggravates 10 in ither case Finalty itis ut be observe that a personwho has Men utrage always has his option et M thecivi remed an a crimina indiciment. Isine refers thesormer, the penalty hic is impose depends, havesaid, o the laintis' own estimate os the wron he has suffered is the lalter, it is the udge's duinto inflict an extraordinary penalty on the offender. It should e remem redhoweve that by a constitutioni Zeno person os illustri sor stillinigher rank may bring or desen such criminal actionson utrage is an agent, provide the complWwit in requirements of the constitution, as may be more clearly a 11 certaine by a perusal of the fame. Liabilit to an actionon utrage attaches notis lyrio him ho commit the ach- the strikin os a low sor instance ut also to thos inomaticioust counse or abet in the commission, as sor in-I Stance, to a man who gere another struch in the face. The right os actionis outrage is tost is condonation inus, is amante utraged, and takes no teps to obtain redress but at once let the matter, scit is aid, lip ut os his mi , he cannot subsequently alter his intentions an resuscitate an affroni,hic he has once allowe to resti TITLE V. Ο QUASΙ-DELICTUAL OBLIGATIONS.

The obligation incurre by a Judge ho delivem an uniustor partia decision anno properi be calle delictuat, and yet it oes notoris sto contraci Consequently as hecannot but be hel to have done a rong, even though it maybe due to ignorance, his liabilit would seem to e quasi- delictuat, an a pecuniar penalty illis imposed on him at the udge' discretion. nother case os quasi-delictua obligation is that os a person stom hos residence Whether itae hi OWn or rented, o gratuitousi lent him, anythin is

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in his liabilit cannot properi be calle delictua Mingstat it is usuali incurre inmug the aut os some ther

person, Such as a flave or a medman. Os a simila characteris the obligationis one ho keeps omethin place or hungove a public Way, hic might sal an injure any one Instillast case the penalty has been fixe a te aurei in thatos thing throw orsoure out os a dwellinchous the actionis sor clamages equivalent totouble the los sustained thoughis a De man e thereis kille the penalty is fixe atrastyaurei, an even is heis meret injure he an sue sor such damam a the judg shal in his discretion award and hereste lauer should ake into account the medicat an other eκ- penses of the pliantiaes itiness, as weli as the los whic he has sustianed through being clisabled rom Work Is a son impo erralive apari rom his sather, an anythiniis throw oriouredout os his place os residence, orcis he has anythin s placedo hun a tot clangerous to the public it is in opinionis Iulia inatio actio lies against theriather, but that the soninould e made sole defendant; and the fame principieshouldie applied to a son in poWer Who is made a judge, and

delivere an Musti partia decision Similarly Ship-owners, ain and stabie keeper are liable asin a quasi-delici sor raudo thesi committe in thei ships, inns, o stabies, provided theae M done hy sommo one of thei servant there emploed, and nolinthemselves sor the action hic is give in such cases is no base on contraci, and yet a thenare in omesens in aut so employin caretes o dishonest servandi, thei liabilit would seem to e quasi-delictual. In such circumstances the action hic is ove is o the case, and lies at suit of the injure person's heir, though no against theheiris the ship-omer in or stabie kee r.

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1 6 BOOK IV.

The ead1n division os ali actions hala ver, hester trie hesore a judge or a reseree, is into two incis, real and personat that is in say the defendant is liner unde a contractualis delictua obligation to the lainti' in hich caseth actio is personal, and the laintiae contention is that the defendant ought to convensomething to, orio somethingsor him, or os a simila nature or else, though there is nolega obligation etween the parties, the lainti asseris aground os actio against sommone eis relatindito some thing, in hic cas the actio is real Thus, a man may be in possession os Some corporea thing, in hic Titius claim a right os proper , and whic the possessor amrmihelong tohim here, is Titius sues sor iis recovery the actio is reat It is real also is a man asseris that he has a right os ususructove a lande estate or a house, or a right of goingi drivingcatile ove his net boues land oris dra in Water rom thesame an sorio are the actions relatinito urban servitudes,as, sor instance, Where a man asseris a right in mise his house,

t have an uninterrupte prospect to project om bulldingove his et bour' land o to est the eam os his o nhous in his eighboues wall. Conversely there are Ctions relatinito usuisucis, an to rusti an uina servitudes, os a contrar impori, hic li a the sui os plaintim horaenythei opponent' right os usuisuci, o ming or drivin catile, os dra in Water os raising thei house of havin an ninterrupte view of projectin some bulldingive the pliantissisland oris resting the eam os thei hous in the laintiTswall. These actions to are reat, ut negative, and meroCCur in disputes acto corporea things, in hic the plaintissis alway the parinout os possession and there is no actionby whic the possessor an a plaintim cleny that the thingi question belong to his adversa , eXCept in one Me only, a to hic ali requisite insormation ca be gathere Dom thexsulter book os the Digest The actions hic have hitherio been mentioned, and thers hic resemble them, are eitheros Statutor origin or at an rate elon to the civi la . There are ther actions however both rea an personat, whic the praetor has introduce in virtve of his urisdiction, an os hicli it is necessarnio give examples For instance,

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M ill usually unde the circumstances to e mentioned, stoma real action to heirought with a fictilious allegation-namely that the laintissinas acquire a litte is usucapion Where this, in laci, is no the case or conversely, he illailoma fictilious pleain the parvos the defendant, to the effectthat in plaintificias not acquire such titie where, in potnt ostici, heias Thus, is possessioni some objectie delivere εon inmund sussicient to legali transfer the same-sor instance, unde a sale or gist, a partis a doW , orrus a legacy--and the transseree has notoet acquire a complete titi by usucapion, he has no direct rea actio sor iis recove , is heaccidentali lose possession, hecause by the civi law a realactio lim a the fuit of the o ne only. ut ascit seemedhard that in suc a case there hout be no remedy the praetor introduce an actio in hich the lainti' in hasiost possession fictiliousty alleges that he has acquired a suillitie is usucapion, and thus claim the thinyas his own Thisis calle the Publicia action, hecauserit, rara place in theradictis a praetor called ublicius. Conversely, is ara

person, whil absent in the service of the state, o while in thep-er os an nemy, acquires by usucapion properi belong- indit sommone resident at home the lalter is allowed withina ear rom the cessation os the possessor' publi employment, to sue sor a recover of the properi by a rescission os

the usucapion by fictiliousi alleging, in the words that the defendant has notrihus acquire it an the praetor stommotive os equit allows this hin os actio tote brought incertain other cases, a to hic information a b gatheredsrom the large work of the Digestis Pandecis. Similarly 6 is a person conveys way his properi in raud os creditors,

the lalter, o obtaining rom the governor os the province adecree vestin in them possession os the deblor' estate, areallowe to avoid the conveyance, an sue so the recove is the property in the wotas, o allege that the Conveyance has neve taken place, and that the properi consequently

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proper , ver Whichie has a right in the natur os moringeas securi dor his rent the quasi-Servian is a simila rem Ropen to very pledgee o hypothecam creditor Soriar thenas his actio is concerned there is no disserence bet M apledge an a hypothec an indoe wheneve a debis anda creditor agre that certain properino the former hali bethe alter' securit sor his dehi, the transactio is calle apledge or a hypothec indifferently In ther potnis howeverthere is a distinctio belween thema sor in term Oledge is properly used only where possession of the properimi que tion is delivere to the creditor, especiali is that properim moveable whil a hypothec is, strictly spe ing such a right

create is mere agreement ithout deliver os possession. Besides these there are also personat actions hic the praetor has introduce in virtve of hi jurisdiction, sor instance, that brought to ensorce paymentis money already wed, and the actionis a banker' acceptance, hic closely resembledit Bymur constitution howeve the fimi os these actions hasbee enclowe wit ali in advantages hic belonge toth second, and the lalter, a superfluous, has heresore Mendeprive of ali sore an expunge stommur legislation. o the praetor siue also the actio claimin an account os theseculium os a lavem chil in power, that in hic thecissuescis hether a plaintiis has mademath, an many othere. heactio brought to ensore paymentis money already owed is the prope remed againSt a Person Who by a mere Promise,

without stipulation, has engam to discharge a debi dueeither rom himself or rom ome thir par Isine has 10 promise by stipulation, hecis liable by the civi tam heactio claimin an account of a peculium is a remed introduce by the praetor against a masteri a sather. y strictia , Such person incur nocitabili in the contracts of their flaves o childre in power; et it is ni equitable thaldamages hout be recoverable against them to the extentis

the semitam, in hic childre in power an flaves have a11 sortis proper . Again is a plaintis in challenged by the defendant, deposes on ath that the laueris es himine money,hic is the objectis in action, an paymen is no made to him, the praetor mos just arant in him an

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actio 1 whic thecissueris, no whether in money is Wing, but whether in pliantis has sworn to the deb There is also I 2 considerable number of penal actions hic the praetor has introduce in the exercise of hi jurisdiction sor instance, senstri se ho in an way injure o desac his album;

or in summon a parentis patron Without magisteria sanctions o Who violently rescue person summone hesore himselfi Who compas suCh a rescue and othera innumerabie.

Ρrejudiciar actions ould rem to e reat, an may be ex 13 emplified by thos In hic it is enquire Whether a man is sine bom, o has hecome re by manumission or in hichthe question relates to a child' paternity of these theraretalone elong to the civi law: the iners are derive homst praetor's urisdiction Theruinos os actions having been 14 thus distinguished, it is clea that a plaintis cannot demandhis proper rimm another in therior i it e prove that the defendant is bound to conve I cannot e sat that What atready long to the plaintirought tot conveye tolam, sor conu ance transsem ownemhip and what is his cannot e made more his than it is atready. et so thepreventio of thest, an multiplication os remedies against the thies, it has been provide that, esides the penalty os,ic o Mur times the value of the propertristolen the pro- per cliseis, o iis value, may be movere stom in thies by a personat actio in therior i ita proved that the defendant ought to convey, as an alternative so the rea action hichis also Mail le to the lainti' an in hic he asseris his omerahi of the stolen proper . e callis rea actionis 15 vindication, an a persona action, in hic the contentionis that ome propert should e conveye to us, o someservice performe sor us, condiction, this term Ming derive stom condicere, hic has an id meaning of Ovingnotice.' o cali a personat action, in hicli the plaintis contend that the defendant ought to convento him, a condictio n, is in realit an abuse of the term sor no aday there is nosuchiotice a Wasalven in the old actionis that name. Actions mannex be divide into those hic are purely 16 reparative those hic are purei penal, and those hichare mix parti reparative, parti penal. inli reala 7 ma

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actions are purei reparative os perhona actions those whic spring rom contractisremearly al of the fame Charactera sor instance, the actions o loans of money, o stipulations Oncloans sor Se on de Sit, agen , parenerShiP, Sale,

an hire. Is howeve in action ei a deposit occasionedis a tot arare, theciali os a bullding oris hip recli, the praetor enabies the depositor is recove doubi damages, provide he sues in halle in person he annot moverdoubie damages rom the ailee' heir, unies he an prove persona Daud against the alter In these two cases the 18 action, though on contruci, is mixed Actions arisin stomdelici are somelime purely penal somelimes are partiri natan parti reparative, an Consequently mixed. he sole object of the actio os inest is the mover of a penalty, whether that penalty be our times the value of the proper stolen a in the detecte in the commission or only tWice that value, as in simple thest. The propere ilaeis is move abies, an independent actio in Whic the person hom, mi has been stolen laim it a his own whether it be in the possession os the thies himself, oris some thir person and against the thies himself he maneven bring a condiction, to 19 recove the propertyi iis value. The actionis robber ismixed, o the clamages recoverable thereunde are Mur timesthe value os in properi taken three-λurins Min pure penalty, and the remaining Murth compensatio sor the losswhic the laintis has sustainecl. Sorio the actionis umlawsul damage unde therae Aquilia is miκω, no onlywhere the defendant dentes his liabili , an soris sue sordouble clamages, ut also ometimes here the laim is sorsimple damages only as here a lamem one-eye flave is killed who within the ear previous was ound an os large value in hic cas the defendant is condemne to a his greates value ithin the ear accordin to the distinctionwhic has been clinwn bove. erson to who are unde an obligationis heir to a legacies o trusi equest in urholy churches orither venerable places, an neglectrio do sounti sue by the legalee, recitable to a mixe action, bywhic thenare compelle to give in thingi panthe moneyles by the deceased, and in addition an equivalent ining or

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Sumas penalty the condemnation eing thus in vice thevalue of the original claim. Some actions are mixe in a different sense bein partly 20reat, parti personat They are exemplified by the actio sorine divisionis a family, is hic one o tW o more jointheim an ensore against the ther o res a partitionis theinheritance, an by the actions so the divisionis common proper , an sor rectification os Mundaries etween adjoin- inclande proprietors. In these three actions in judge has poWer, accomin as hali in him rem sat an equitabie, to

adjudge any par of the oin properiri or of the lan in dispute, to any one os the parties, an to orde any one os them Who seem to have an undue duantage in the partitio orrectification to paria certain sum os mone to the ther orthe est a compensation. The clamages recoverable in an 21 actio ma be either once, Wice three, or ou times thevalue os the plaintim original interest there is no actio hyWhic more than Mursol damages an e laimed. Single 22damages ni are moverable in the actions o stipulation, loan or Consumption Sale, hire, agenCy, and many them fides Actions laimin doubi damages are exemplifie 23 by thos o simple inest, o unlawsul damage unde the leκ Aquilia, o certain ind of deposit, an sor corruptionis aflave, hic lies against any one by hos instigation and advice another man's lave runs Way, or becomes disobedientio his master, o take to dissolute habiis, o hecomes orse in an way Whatsoever, an in hic the value os propertywhic the runaway Have has carrie oris taken into account. Finalty as, remarhed above, the actio sor the recove isi acies test to places os religio is of this character. An 24 actio sor tripleiam escis grounde when a plaintirmahes an oversialementis his claim in the writ os summons in consequenc os,hic the mcem os the our tali to large a see sto the defendant. In suc a cas the lalter,illi ableto recove seo the lainti three times the os Whic hesustains by the overcharge, includin in these damage simple compensatio sor the sum at in exces of the prope see.

This is provide is a distinguishe constitution in ur Cocle, unde whic a statuto condiction clearly lies so the damages

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18 BOOK IV. 25 in uestion Quadruple damages are Moverable by the actionis thes detecte in the commission by the actio onintimidation, and by the actio grounde on the vivin os

mone in orde to induce ne an is ring a vexatious fuit against another, ordo desis Domin suit,hen brought. Under our constitution to a statutor condiction te so the r cover os ou old amages rom ossicer os the ouri, hoeκac money rom defendant in excessis iis provisions.

26 There is his difference belween the actions o simple thestand so the corruption os a flave, an in otheris hic spolie in connection,it them, that by the two former doubledamage are recoverable unde any circumstances the lauer,namely the actioni unlawsul clamam unde the te Aquilia, and that o certain hincl os deposit, entat doubi damages

it, simple damages Mone an e recovered. The magesare doubie unde an actio sor mover os legacies est toreligious places nolint when the liabilit is denita, but also when the defendant delam payment unti sue by the orderos a magistrate is he admit his liabili , an pay besorebeingra Sued he cannot he compelle to a more than the 2 origina debl. The actionis intimidatio also differs stomthe thers hic we mentione in the fame connection, in that it contains in iis ver nature an implied condition that the defendant is entille to acquitia is, o bein so ordered by the udge, he restores to the lainti the properi os whic the lalter has Men deprived. In ther actions os the

Same clas this is no so sor instance, in the actioni thesidetecte in the commission the defendant has unde any 28 circumstances t pay oursol clamages. Again some actionsare equitable other are actions os strici law. o the sormercias belong the actions o sale, hire, nauthorise agenen agene Proper de Sit, Parenerinip mardianship loan soruse, morigam, division os a Tamily, partition os oin pro ny thosein the innominate contracta os sale is commissionand κchange, and the sui sor mover os an inheritanoe. Unti quite recenti it was a oot mini,hether the last-name was properi an equit te action, buttur constitutionas has definitet decide the question in the amrmative. D