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Roman Law, Scots Law and Legal HistorySelected Essays$
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William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 18 September 2021

The Actio de Posito Reconsidered☼

The Actio de Posito Reconsidered☼

(p.43) 4 The Actio de Posito Reconsidered
Roman Law, Scots Law and Legal History

William M Gordon

Edinburgh University Press

The action de posito (vel suspenso) is found among the Roman quasi-delicts and imposed liability on someone who had something placed on a building in a dangerous position. It appears along with the actio de effusis vel deiectis which imposed liability on the occupier of a building from which something was poured or thrown to the damage of a passer-by but it is not clear whether the actio de posito lay against the occupier also or against the owner and whether liability was strict or depended on knowledge of the placing. That it lay against the owner who knew seems possible but corruption of the texts makes a definite conclusion difficult.

Keywords:   Action de posito, Actio de effusis vel deiectis, Quasi-delict, Strict liability

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