Aličić, Samir (2025) Once again on Lex Aquilia and the damage caused by the destruction of documents. In: Prouzrokovanje štete, naknada štete i osiguranje. Univerzitet Singidunum, Beograd, pp. 72-92. ISBN 978-86-7912-843-0
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In classical roman law, a claim for wrongful damage (actio damni iniuriae), or the claim under the Aquilian law (actio legis Aquiliae), is also applied when a person causes property damage to another by destroying written documents. The claim is filed in the case of the destruction of a written document on the existence or payment of a binding claim, or the destruction of a will. An Aquilian claim is usually filed directly in the case of the destruction of documents, although there is also the possibility of a claim in factum. The claim can also be filed against the owner of the document, and it claims the value of the binding claim, inheritance or legacy that was lost because the injured party was unable to use the destroyed document as evidence at a certain point in time. The claim is successful only if the injured party is later able to prove the existence of his right by other means. Classical sources do not mention the possibility of claiming damages through a lawsuit under the Aquilian law in a si- tuation where a written document with formal, rather than probative, force is destroyed. The Aquilian lawsuit for the destruction of documents can compete with lawsuits under some contracts. As for lawsuits under torts, there is no competition with them, but rather a demarcation of the field of application. The lawsuit could only be cumulated with the actio iniuriarum.
| Item Type: | Book Section |
|---|---|
| Uncontrolled Keywords: | damage, obligations, documents, Lex Aquilia, Roman law |
| Subjects: | Pravna istorija |
| Depositing User: | Aleksandra Višekruna |
| Date Deposited: | 15 Oct 2025 14:19 |
| Last Modified: | 15 Oct 2025 14:19 |
| URI: | http://ricl.iup.rs/id/eprint/2244 |
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