Chapter

The Actio de Posito Reconsidered<sup>☼</sup>

William M Gordon

in Roman Law, Scots Law and Legal History

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748625161
Published online September 2012 | e-ISBN: 9780748671571 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748625161.003.0004
The Actio de Posito Reconsidered☼

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The action de posito (vel suspenso) is found among the Roman quasi-delicts and imposed liability on someone who had something placed on a building in a dangerous position. It appears along with the actio de effusis vel deiectis which imposed liability on the occupier of a building from which something was poured or thrown to the damage of a passer-by but it is not clear whether the actio de posito lay against the occupier also or against the owner and whether liability was strict or depended on knowledge of the placing. That it lay against the owner who knew seems possible but corruption of the texts makes a definite conclusion difficult.

Keywords: Action de posito; Actio de effusis vel deiectis; Quasi-delict; Strict liability

Chapter.  6047 words. 

Subjects: History of Law

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