Aspecte istorico-teoretice privind răspunderea juridică

Abstract

This article investigates some aspects of the Roman legal experience that can bring additional light in the process of elucidating the concept of legal liability. According to the presented matters, it resulted that the legal responsibility in the Roman law was closer to the later called objective liability, being considered as an obligation imposed from the outside. The reason of the Roman regime of damage repair was not the fault, but the damage itself, the aim being the restoration of the just equilibrium in the relations between the Roman citizens as free people. The task to determine the incidence of person’s behavior towards the production of damage was set later, at the end of the classical epoch, later being realized in the compilation of Justinian.