The a. analyses the edictde convicio, one of the special edictde iniuriis, in whichiniuriadelict has been extended till comprehend, beside the injury to physical integrity, the injury to moral integrity:contumelia. In the edict, the sanctioned behaviour represented one of the many ways to causecontumeliain a subject, but only if committedadversus bonos mores. However, the wordconvicium, had different meanings, that’s why, in order to reconstruct the exact edictal terminology, the a. considered also its use in common speech. Now that has been clarified in whatconvicumconsists, it is necessary to identify which are the elements that get aconviciumallowed by the law into anadversus bons moresact, which is punishable with theactio iniuriarumconcession. The work ends with a consideration aboutiniuriadelict general rule, in which even instigation is punishable and the subject must be aimed by the so calledanimus iniurandi, that is to say the intent to causeiniuria.
Studi sull’iniuria: l’edictum de convicio / Fusco, Stefania. - In: DIRITTO@STORIA. - ISSN 1825-0300. - 11(2013).
Studi sull’iniuria: l’edictum de convicio
Fusco, Stefania
2013-01-01
Abstract
The a. analyses the edictde convicio, one of the special edictde iniuriis, in whichiniuriadelict has been extended till comprehend, beside the injury to physical integrity, the injury to moral integrity:contumelia. In the edict, the sanctioned behaviour represented one of the many ways to causecontumeliain a subject, but only if committedadversus bonos mores. However, the wordconvicium, had different meanings, that’s why, in order to reconstruct the exact edictal terminology, the a. considered also its use in common speech. Now that has been clarified in whatconvicumconsists, it is necessary to identify which are the elements that get aconviciumallowed by the law into anadversus bons moresact, which is punishable with theactio iniuriarumconcession. The work ends with a consideration aboutiniuriadelict general rule, in which even instigation is punishable and the subject must be aimed by the so calledanimus iniurandi, that is to say the intent to causeiniuria.File | Dimensione | Formato | |
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