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The Division of Wrongs
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The Division of Wrongs: A Historical Comparative Study

Eric Descheemaeker

Abstract

The common law, despite procedural divisions, has only ever had one class of civil wrongs. The civilians, by contrast, have typically split their law of wrongs in two, one group being called ‘delicts’ and the other ‘quasi-delicts’. Yet this division, which originated in Roman law, remains mysterious: it is clear neither where the line was drawn nor why a separation was made along this line. This book does two things. In the first two parts, it investigates the origins of the division and its development in a modern civilian jurisdiction, France. What is argued for is that the Roman dichotomy w ... More

Keywords: civil wrongs, torts, taxonomy, structure, delicts, quasi-delicts, fault, Roman law, French law, English law

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780199562794
Published to Oxford Scholarship Online: September 2009 DOI:10.1093/acprof:oso/9780199562794.001.0001

Authors

Affiliations are at time of print publication.

Eric Descheemaeker, author
Lecturer in Law at the University of Bristol; previously, Fellow and Tutor in Law at St Catherine's College, Oxford