Aspects of the Actio Iniuriarum in Roman-Dutch law

by Chittharanjan Felix Amerasinghe

Publisher: Lake House Investments in Columbo

Written in English
Published: Pages: 261 Downloads: 156
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Edition Notes

Based on Ph. D. dissertation, University of Cambridge, 1964.

Statementby Chittharanjan Felix Amerasinghe ; with a foreword by C.J. Hamson.
The Physical Object
Number of Pages261
ID Numbers
Open LibraryOL13946385M

  Roman-Dutch law, based on Roman law, The defence of jest is directed at the first aspect of intention: viz, that the will was not directed at the attainment of a particular consequence. The sole criterion is whether or not the defendant subjectively and in good faith meant the conduct to be a joke. Under the actio iniuriarum, harm. Defamation and other aspects of the Actio iniuriarum in Roman-Dutch law in Ceylon & South Africa. KF A95 Say it safely: legal limits in publishing, radio and television.   Journal of Contemporary Roman-Dutch Law, Vol. 75, pp. , 8 Pages certainly by authors of delict textbooks, but also by judges and other practitioners of the law, to constitute an element of intention. leaving aside other aspects of the judgment that have similarly attracted interest. Thoughts offered in this contribution are. This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and .

Description: The Cambridge Law Journal publishes articles on all aspects of law. Special emphasis is placed on contemporary developments, but the journal's range includes jurisprudence and legal history. An important feature of the journal is the Case and Comment section, in which members of the Cambridge Law Faculty and other distinguished contributors analyse recent judicial decisions, new. ] BOOK REVIEW “private human rights.”13 Born in the realm of private law from the Roman law of injuries (actio iniuriarum), it was given constitutional protection after World War II, in national constitutions and also in the ECHR. (). Borderline between the law of contract and the law of delict. Journal of Contemporary Roman Dutch Law, 75 pp. Neethling J, Potgieter J (). Defamation of a corporation: aquilian action for patrimonial (special) damages and actio iniuriarum for non-patrimonial (general) damages. Journal of Contemporary Roman Dutch Law, 75 pp. Roman-Dutch law Scots law. It is used in Scots law mainly to denote reparation for pain and suffering in personal injury cases (although it can also be awarded in other types of cases). In this respect it is similar, but not identical, to the English law concept of general damages; Scots law damages are divided into pecuniary and non-pecuniary losses, rather than general and special damages.

Accordingly Julian says that the actio iniuriarum does not lie, because he struck the blow not intending to insult but to correct and instruct… (D, Ulpian Book 18 Ad Edictum) But Zimmerman claims that the reason why the boy was beaten was relevant within the broader enquiry of whether the shoemaker’s actions were contra 3. In contrast to the casuistic approach of the Roman law of delict, the South African law of delict is based [ ] on three pillars: the actio legis Aquiliae, the actio iniuriarum and the action for pain and suffering. Unlike the last-mentioned action which developed in Roman-Dutch law, the first two remedies had already played an important role. Foundations of the South African Law of Defamation. Bhadra Ranchod. Leiden University Press, - Libel and slander - pages. 0 Reviews. From inside the book. What people are saying - Write a review. We haven't found any reviews in the usual places. Common terms and phrases. According actio iniuriarum action adopted allegation animo.   The current legal position in Botswana is that a non-adulterous spouse has an actio iniuriarum action in delict against the third party for insult to the self-esteem (contumelia) and loss of comfort and society (consortium) of the spouse. The foundation of the delict lies in common law. Botswana’s common law is Roman – Dutch Law.

Aspects of the Actio Iniuriarum in Roman-Dutch law by Chittharanjan Felix Amerasinghe Download PDF EPUB FB2

Aspects of the Actio Iniuriarum in Roman-Dutch Law. By Chittharanjan Felix Amerasinghe, m.a., ll.b. (Cantab.), ll.m. (Harvard), ph.d. (Ceylon), Senior Lecturer in Law Author: C. Turpin. Aspects of the actio iniuriarum in Roman-Dutch law.

Colombo: Lake House Investments. MLA Citation. Amerasinghe, C. Aspects of the actio iniuriarum in Roman-Dutch law / by Chittharanjan Felix Amerasinghe ; with a foreword by C.J.

Hanson Lake House Investments Colombo Australian/Harvard Citation. Get this from a library. Defamation and other aspects of the Actio iniuriarum in Roman-Dutch law in Ceylon & South Africa. [Chittharanjan Felix Amerasinghe].

writers, who drew heavily on their Roman-Dutch training, rather than by the courts through case law. Yet notwithstanding that claimed love of principle, the treatment of one of Roman law’s most significant contributions to legal thought, the actio iniuriarum, which was a central feature of the Scottish law of obligations during the.

The actio injuriarum of Roman Dutch Law of Delict gives a general remedy for wrongful invasion of personal rights Aspects of the Actio Iniuriarum in Roman-Dutch law book regard to dignity and reputation made intentionally.

ASPECTS OF THE ACTIO INIURIARUM IN ROMAN-DUTCH LAW. By C. AMERASINGHE. [Lake House Investments Ltd. 70s. net.] THE author has made a detailed study of the modern case-law in selected topics within the ambit of the actio injuriarwm in the field of delict (civil wrongs) in the two legal systems which apply the principles of the Roman.

T1 - The actio injuriarum in Scots Law. T2 - romantic romanism or tool for today. AU - Norrie, Kenneth. PY - /8/ Y1 - /8/ N2 - A discussion of the place of the actio injuriarum in contemporary Scots law.

AB - A discussion of the place of the actio injuriarum in contemporary Scots law. KW - injuria. KW - honour. KW - delict. The actio iniuriarum was, in the Roman law, a delict which served to protect the non-patrimonial aspects of a person’s existence –‘who a person is rather than what a person has’ 15 – their physical body, their reputation and their esteem.

16 As the propagation of sexually explicit. In Roman-Dutch law the actio iniuriarum was replaced by, inter alia, the corresponding amende profitable (see Neethling/Potgieter/Visser, Law of Personality (fn. 4) (2nd ed. ) 48), which similarly had a penal function (see Salzmann v Holmes AD; Die Spoorbond; Van Heerden v SAR AD; Visser/Potgieter/Steynberg.

This chapter presents an overview which seeks to place the development of the Roman-Dutch law within a broader South African historical context, making liberal use of some of the detailed recent work of specialists in South African history. It raises the question of why the legal system is virtually exclusively European.

It also seeks to suggest that Roman-Dutch law, with its powerful. The actio legis Aquiliae, the action iniuriarum and the action for pain and suffering concur in the following ways: The first two concur in circumstances where an iniuria also causes patrimonial damage Example: an assault brings about hospital and medical expenses or a doctor or attorney losing patients or clients as a result of defamation.

This paper asks if the delict iniuria might offer appropriate remedy in instances of revenge porn. The actio iniuriarum was, in Roman law, a delict which served to protect the non-patrimonial aspects of a person’s existence – ‘who a person is rather than what a person has’. Find Defamation and Other Aspects of the Actio Iniuriarum in Roman-Dutch Law in Ceylon and South Africa, by C.

Amerasinghe, published by Lake House Investments Ltd fromthe World's Legal Bookshop. Shipping in the UK is free.

Competitive shipping rates world-wide. This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Find out more. Review 47 law of iniuria, and Eric Descheemaeker, in four more sections, deals with some of the conceptual issues connected with the attempt to examine iniuria from the perspective of the common law: the precise nature of iniuria, which was not clearly defined but rather an open-ended principle in Roman law.

Doctor C F Amerasinghe in his Aspects of the Actio Iniuriarum in Roman-Dutch Law says (at 22) that 'reasons of legal policy which have not been expressly formulated seem to have made the termination of the proceedings in favour of the plaintiff a requirement of the iniuria [of malicious prosecution]'.

Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: Chapters: Actio iniuriarum, Bourhill v Young, Causation (law), Damnum iniuria datum, Delict (Scots law), Donoghue v Stevenson, Fourway Haulage SA v SA National Roads Agency, Hughes v Lord Advocate, Idionymon, International Shipping v Bentley, Kay's Tutor v Format: Impressão sob demanda (capa comum).

Whatever the case, the neglect that the actio iniuriarum has suffered, in Scotland, is to be mourned. One only has to look to South Africa – which, by a quirk of history, is Scotland’s closest. Aspects of the actio iniuriarum in Roman-Dutch law / by Chittharanjan Felix Amerasinghe ; with a forewor Geskiedenis van die Romeins-Hollandse reg / D.

van Zyl; The Roman-Dutch and Sesotho law of delict. [By] Vernon V. Palmer; Compensation for improvements: the Roman Dutch law in Sri Lanka / Marleen H.J.

van den Horst. 12 Neethling, J () Law of Personality, 2nd ed., LexisNexis, Durban: ; Amerasinghe, C () Aspects of the Actio Iniuriarum in Roman-Dutch Law, Lake House Investments Publishers, Colombo: 13 See for example Grotius (note 6: III) confirming that sexual intercourse with a married woman is an injury against her husband.

A third option is to use aspects of the actio iniuriarum and delictual liability to fashion a flexible form of protection. A comprehensive history of the protection of personality rights in Scots law is provided by John Blackie to enable the reader to understand the historical context of the debate.

Sources. Delict in Roman law fell under the law of obligations. Roman-Dutch law, based on Roman law, is the strongest influence on South Africa's common law, where delict also falls under the law of has been pointed out, however, In contrast to the casuistic approach of the Roman law of delict, the South African law of delict is based [ ] on three pillars: the actio legis.

Note the difference between Roman law, Roman-Dutch law, and South African law with regard to the protection of the physical-mental integrity of a person. Activity 4 1.

Describe the historical development of the action for pain and suffering. Name the recognised injuries. General aspects. Broadly, the Aquilian action provides a remedy for patrimonial loss and the actio injuriarum affords compensation for sentimental loss.

However, under the influence of Germanic custom, Roman-Dutch law accepted that there could be recovery for certain forms of non-patrimonial damage under the actio legis this latter regard, it is possible, under the modern Aquilian. Constitutional law – Constitution of Zimbabwe – societal values reflected in Constitution – marriage – recognition and protection given to marriage – effect on delict of adultery.

Delict – actio iniuriarum – adultery – contumelia and loss of consortium – purpose of delict – constitutionality of delict – constitutional recognition and protection of marriage. honorable in Roman-Dutch law and beyond, it argues that the gist of the action, both historically and doctrinally, lies in a now largely overlooked dimension, namely, the public humiliation of the offender.

It is this dimension, unpalatable though it might be to us, which. actio iniuriarum action Africa Act alleged Amerasinghe animus iniuriandi applies Argus Printing Associated Newspapers bodily Botha Burchell Delict cf further cf nevertheless Cf supra Coetser conduct contumelia court damages defamation defamatory defendant deprivation of liberty dignitas dignity dolus example fama feelings ground of.

law.1 Not surprising, then, “ars boni et aequi” as the backbone of Roman-Dutch law is a recurring theme in judicial decisions and academic writing in South Africa.

Recently, in the decision of Le Roux v Dey, 2 the Constitutional Court of South Africa once again encapsulated this as the essence of Roman-Dutch law when it characterised. Roman law further required that intent (dolus or animus iniuriandi) on the part of the wrongdoer should be present before an iniuria is said to have been committed.

Actio iniuriarum under Roman-Dutch law. The Roman law delict iniuria remained unchanged in Roman-Dutch law. THE EDINBURGH LAW REVIEW Vol 1 has horizontal application or is applicable to the relationship between subjects (s8(3)),theexpress recognitionin theConstitution (s 16)oftherightto freedomof the press and other mediashould have an influence on the law ofdefamation—an issue which does not receive much attention in the book (cfhowever ).

This. ISBN: OCLC Number: Description: xxi, pages ; 24 cm: Contents: 1. Introduction Historical Background --The aquilian action --The actio iniuriarum --Roman-Dutch law actions --The basis of liability --Delict in a constitutional era Liability in South African Law --Fault liability --Strict liability --Vicarious liability 4.Law of Delict – PVL – Second Semester – Page 2 Study Unit 2 Introduction: Elements of Delict – act, wrongfulness, fault, causation and damage = Delict (exception of cases of strict liability) Role of Law = indicate which interest are recognized by law and under which circumstances they are protected against infringements and how to balance that interest.ACKNOWLEDGEMENTS I would gratefully like to acknowledge the following: C M y c o lle a g u e s fro m th e la w fa c u lty o f th e e rs tw h ile U n iv e rs ity of Port Elizabeth (now part of the Nelson Mandela Metropolitan University) for their assistance and support.