Legal Definitions - maleficium

Maleficium

In Roman law, maleficium refers to a wrongful act or misdeed committed by one individual against another. It describes a private wrong that would entitle the injured party to seek compensation, restitution, or a penalty from the wrongdoer. This concept is similar to what modern legal systems often categorize as a civil wrong or a tort, as opposed to a criminal offense prosecuted by the state.

Examples:

• Example 1: Damage to Property
  A Roman citizen, out of spite, intentionally damages a neighbor's irrigation ditch, causing water to flood and ruin a portion of their crops. This act would be considered a maleficium because it is a private wrong committed by one individual against another's property, directly causing harm and entitling the neighbor to seek compensation for the damaged crops and the cost of repairing the ditch.
• Example 2: Personal Injury
  During a market dispute, one merchant shoves another, causing them to fall and break a valuable ceramic pot they were carrying. Here, the physical act causing the fall and the subsequent damage to the pot constitutes a maleficium. The injured merchant could bring a claim against the aggressor to recover the value of the broken pot and potentially for any personal injury sustained.
• Example 3: Unlawful Seizure of Goods
  A person secretly takes a valuable cloak from another's home without permission, intending to keep it for themselves. This act of theft, when committed against a private citizen, would be classified as a maleficium. The owner of the cloak would have a legal right to pursue a claim against the thief to recover the item or its monetary value, as it represents a private infringement on their property rights.