A study on actio de effusis vel deiectis of Roman Law: based on the analysis of D.9,3 and I.4,5

Abstract

The actio de effusis vel deiectis in Roman law means that the victim, damaged by objects thrown or poured from building to road, could bring suit in court to require the habitants of this building to assume responsibility, even if such behavior is implemented by a third person. The generation of this action is closely related to the traffic conditions and development of multi-storey buildings in Rome. It aims to safeguard the public interests, such as pedestrian safety, cleanliness of the roads, etc. Different from the principle of fault liability specified in Lex Aquilia, the actio de effusis vel deiectis requires the habitants to assume objective responsibility regardless of fault, which was defined as quasi ex maleficio in Justinian’s Institutes. Similar provisions of this action in Roman law were adopted by some Civil Codes of later ages, while the same were abandoned by most of other Civil Codes. In 2009, China’s Tort Liability Law follows the practice of Roman law to some extent, but the change of fundamental ideas and our social conditions makes its provisions worthy of reflection.