Publication: Personal injury claims
Authors
Diaz-Bautista Cremades, Adolfo Antonio
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Publisher
STS Centre Ltd
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DOI
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info:eu-repo/semantics/article
Description
© 2020 STS centre LTD. This document is made available under the CC-BY-NC-ND 4.0 license http://creativecommons.org/licenses/by-nc-nd/4.0 This document is the published version of a published work that appeared in final form in Journal on European History of Law
Abstract
In Roman Law, both offense and malicious aggression were considered iniuria. The legal consequence of the iniuriae in the XII Tables was a fixed fine, but over time, a variable fine was established whose determination corresponded to the victim, who received the amount as a "compensation" for the offense suffered. In the High Middle Ages, the penalty of fixed fine was recovered, combined with other corporal punishment, but in the VII Partidas, compensation is reintroduced by a variable amount. On the other hand, in England the punitive damages system was developed for aggressions contrary to honor and dignity. In this paper, we explore the relationship between both institutions.
Citation
Journal on european history of law 11(2020)
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