D.9.1 "사족동물의 가해가 주장되는 경우" -대역 및 주석
D.9.1 Si quadrupes pauperiem fecisse dicatur: Text, Translation, and Commentary

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서울대학교 법학연구소
법학, Vol.41 No1 pp.77-96
法的 思考의 機制아퀼리우스법소권타인의 가축을 감금
In this paper I have presented a Korean translation with a short
commentary of the second title of the ninth book of the Digest (D.9.1 Si
quadrupes pauperiem fecisse dicatur) on the harm committed by a
four-footed animal (pauperies). The remedy provided for this sort of harm
is the actio de pauperie. This actio is one of those remedies which Roman
law provided for the harm committed by animals on the basis of the
relevant provisions of the Twelve Tables, the so-called lex Pesolania
concerning harm committed by dogs, the edict of the aediles curules on
the wild beasts (de feris), and the lex Aquilia on the liability ex delicto
etc. In spite of these diverse positive legal norms, however, the regulation
of the problem is not entirely clear. But apparently the range of the
animals for which the owner becomes liable is gradually widened. The
outline of the regulation seems to be the following:
It seems that the Aquilian law is applied, if the harm can be ascribed
to the fault of the animal-owner (D. et D. Especially when
any dangerous animal causes damage in a place where there is frequent
traffic, the curule aediles' edict sanctions the owner (D.21.1.42). But in
case of no fault on the side of the owner the general rule is that the actio
de pauperie lies whenever an animal commits pauperies when moved by
some wildness contrary to the nature of its kind (D. This action
lies against whoever owns the beast when action is brought, not against
its owner at the time the damage was caused (D. It aims at the
pecuniary damages for the amount of the harm done, but instead the...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 41, Number 1/4 (2001)
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