La responsabilità nossale per i delitti dei servi

Abstract

The classical Roman regime of noxal liability for slave delicts may be outlined in its fundamental features as follows: if a slave committed a delict against third parties without the consent of the person exercising potestas (typically the dominus), the victim could bring the relevant noxal action against the latter; the defendant, in turn, had the option to discharge his liability either by paying the prescribed penalty or by surrendering the slave (noxae deditio) to the plaintiff. Beyond this straightforward description, however, the subject becomes significantly more complex upon deeper analysis. This study addresses several traditionally problematic issues: what was the nature of noxal actions and the basis of the liability they enforced? What effect did the delict have on the wrongdoer himself and within the legal sphere of the dominus? Finally, how did the classical system of noxal liability originate? The author seeks to answer these questions – significant from both dogmatic and historical perspectives – by engaging with an extensive body of literature while maintaining a rigorous focus on the sources. The result is a comprehensive and structured discussion that traces the development of noxal liability back to the Twelve Tables and its remote antecedents.