Legal Definitions - actio noxalis

Actio noxalis is a term from ancient Roman law that describes a specific type of legal action concerning liability for damages. It addressed situations where harm was caused by a person's property, particularly their slaves or animals.

Under actio noxalis, if a slave or an animal belonging to an individual caused damage or injury to another person or their property, the owner had a choice. They could either:

• Pay financial compensation to the injured party for the harm caused, or
• Surrender the offending slave or animal to the injured party.

By surrendering the slave or animal, the owner would be absolved of any further financial responsibility for the damage. This mechanism provided a way for owners to limit their liability, especially in cases where the compensation might be substantial.

Here are some examples illustrating the concept of actio noxalis:

• Example 1: Damage by an Animal
  Imagine a Roman citizen, Marcus, owned a valuable horse. One day, the horse escaped its enclosure and trampled a neighbor's newly planted vineyard, causing significant destruction to the crops. Under actio noxalis, the vineyard owner could bring a claim against Marcus. Marcus would then have the option to either pay for the full cost of the damaged vineyard or surrender his horse to the vineyard owner, thereby ending his financial obligation.

  This example demonstrates actio noxalis because Marcus, as the owner of the animal that caused damage, is presented with the choice of either compensating the victim financially or relinquishing the offending animal to settle the claim.

• Example 2: Injury Caused by a Slave
  Consider a wealthy Roman, Julia, whose slave, Davus, intentionally damaged a priceless marble statue belonging to her rival, Cornelia. Cornelia would initiate an actio noxalis against Julia. Julia could then decide whether to pay Cornelia the substantial sum required to repair or replace the statue, or to hand over Davus to Cornelia. If Julia chose to surrender Davus, she would no longer be liable for the damage.

  This example illustrates actio noxalis by showing how an owner (Julia) could resolve liability for harm caused by her slave (Davus) by either paying for the damage or surrendering the slave to the injured party (Cornelia).

• Example 3: Repeated Nuisance by an Animal
  Suppose a farmer, Lucius, owned a pack of dogs that frequently wandered onto a neighboring property, harassing livestock and disturbing the peace. After numerous complaints and minor damages, the neighbor decided to pursue legal action. Under actio noxalis, Lucius could be compelled to either pay for the cumulative damages and ensure his dogs were contained, or surrender the offending dogs to the neighbor, who might then choose to sell them or keep them.

  This example highlights actio noxalis in a scenario involving ongoing nuisance and damage by animals, where the owner has the choice between financial restitution for the harm or surrendering the animals responsible.