Tuesday, April 26, 2011

Delicit

At Roman law, a wrongful act, equivalent generally to the common law tort.  An alternative term, found in the Institutes of Justinian, is maleficium.  The Roman delicts were furtum or theft of movable; vibonorum raptorum, theft with violence, injuriae, insult or other injury to the personality; and damnum injuria datum, damage to movable property.

Besides these definite torts, there wee other nominate torts culminating in dolus which would cover all international wrong doing which could not be brought under another category.

A delicit created an obligation ex delicto.  The latter term is used at the common law as the equivalent of the adjective tortious.  Delicits at Roman law were ofter also crimes.  The penal sanction was sometimes alternative and sometimes cumulative.

In modern civil law, the words derived from the Latin delictum (Fr. delit; Ital, delitto; sp. delito) usually denotes a penal offence of the second or lower degree, less than a crime and more than a contravention.

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