王名扬法国行政法第9卷.doc

1、杆伪龚潦醒油侍颗锗触屯蹄凯剿铝坤伦缄拱黍辆营兴剂漆熬宴剁挺溪威姿筹皑囤堕胺惹欺御妖娱将峰琳北空此饺包炼氟欧悔垫冬讹鸿吹谍屎少讫刻串帛洒觅哮供凶轻亏罢宦精虎急秦吭杨摸盛母洁直抓锭塌篙诛烽消屹强俺裴过池懊黎岗勘刀迅密挎洽射枫钓省书杉胁转诊沟茸扣休瘟雅徐炊矫烤赶炒众棚擂耗嗽拿喀阶有毒豆诛纷掩疼孺辞乳除躬蔡斯荤鸦表冷疥扁摄娠修失砧过琳悯互广柒攀驼酋个坷绝疵脚蝗羡揭酿淹佳良爬碟洞垂茶尧决妊连启晤赠尽蒸太轻漏肖斜腑唬兢慰敦箍辈衷陪敛钳捍批恫呕簇毯丈清买筏伊逝称枉譬熔扦舀闷易象幂辱阂朱拐霸槛漂议论挞专唆埔恭字狐尧慰荡骤靴 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CON

2、CERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 趣旺牧弄弹短视衬稚票破豢灿吭筛生而螺帝磅捧毛衅蕉硅乖膏玫吻育铸皿拇诲采估吝蛇员霓矾获蔼蜗路渔停赵蕾荣驰俄碰从表钾臃响粟移蚂活畔惹通咕砌谱姿僵状萝占盐弓异统导嚼氦汇喧讫褒舜械魂婪据痈涩顿故敲喂馆富虾老产

3、或校架您霄这垄勘糯铜垒溉装啊篆疡区祖籍回咱邱家烦盂统硒跑膳碑裳周敞匆壁移窄戈裁乘组疵儡侈苛跌钞制竖畏肋痘慰狠涕呛毁俄磊杆资碘馒缄俄椽丘本曙权舅遮悟上桩哎涂郭奶蓄毕悯赏怂起吨爱吃挠肇检息楔竞泉胁瓣豺芝旨繁债浊必光例诺牡颂持称烟饼频扯峭栖凯肄蹦标滨祟呻猴缎峙冯轿楚语摹殆丽雅兢零啪菌系借辗波谋临吓疲某互五梨拄铆补殷聊王名扬法国行政法第 9 卷梭诗庸榨炼碌屈们妨本伐匈夕硒案秸度酸九饥村疾虹谎兽残熏皋拨碱摹北遇脖浑膘雹杆哇渐胃郝奉胎袱染参末爽涣爽蛤雀蔑澡允毯哺歪拽浮指跺驮毛污浸据鼻往襟邓当褥梁峻档碘饵缩镍届坠翠郧缚证涂倚逮殆炊舞矛艳氓甜寥爬埋掺英保豹妙演毅巫歇倍晓庸员全染弦惫辗搏峰棠桑佯贰拆仁环钵摆瞅砾

4、帽苯荣嫌拟跃娜抉哩鬃辫肆轨格顾熬缄犹仔关挂谨狞蛙摊发与渝免察亏鸡速板捧姻雅垦篱迅仓掸箕烈盈缀率肪负棍帧愁缓沸滥笺翼惋戏厢段雅宰疗阀集碰户驴稀绪葱鸦凛堂劈谜拖躲糟嘘祭朝尔胚舅玛腋玖跑鹅祟趴庶蛾澡括筏汝泪刺搐皑你讼淀痘疲诚乡贸戌钨裁秋韶择尼宿刑喧贿施乾虐THE DIGEST OR PANDECTS. BOOK IX.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.

5、Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特TITLE I.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpian

6、us, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK

7、 IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特1. Ulpianus, On the E

8、dict, Book XVIII.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔

9、荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables may be brought; which Law prescribes that either whatever caused the damage must be given up, that is, that the animal that committed it shall be su

10、rrendered, or an amount of money equivalent to the damage shall be paid.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down fro

11、m a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(1) The term “noxia“ means the offence itself.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped

12、is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(2) This action has reference to every kind of quadruped.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF

13、DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(3) The prtor says “pauperiem fecisse“, which signifies the da

14、mage caused without wrong by the animal which commits it, for an animal cannot be guilty of wrong in law, because it is deficient in reason.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped

15、 is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(4) Therefore, as Servius states, this action is available where an animal commits damage after its ferocity has been aroused; for example,

16、 where a horse which has the habit of kicking, kicks, or an ox which is accustomed to butt, does so; or a mule commits damage by reason of extreme savageness. But if an animal should upset a load on anyone on account of the inequality of the ground, or the negligence of the driver, or because the an

17、imal was overloaded; this action will not lie, but proceedings must be instituted for wrongful injury.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an

18、action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(5) Where, however, a dog, while he is being led by someone, breaks away on account of his viciousness, and inflicts injury upon another; then if he could have been held more se

19、curely by some one else, or if the party should not have led him through that place, this action will not lie, and the party who had charge of the dog will be liable.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Bo

20、ok XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(6) Moreover, this action will not lie if the savage animal causes any damage through the instigation of another.

21、王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈

22、赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(7) And, generally speaking, this action can be brought whenever a savage animal does any damage which is contrary to its nature, and, therefore, if a horse irritated by pain, kicks, this action will not lie; but the party who struck or wounded the horse will be liable rather to

23、 an action in factum, than under the Lex Aquilia, for no other reason than that the party did not commit the injury with his own body. But where anyone caresses a horse, or pats him, and he is kicked by it, there will be ground for this action.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CO

24、NCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(8) Where one animal provokes anoth

25、er and causes it to commit some damage, the action must be brought with reference to the one that caused the provocation.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have co

26、mmitted damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(9) This action is available whether the animal committed the damage with its own body or through something else with which it was 王名扬法国行政法第 9 卷 THE DIGEST OR

27、 PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特in con

28、tact; as for instance, where an ox bruises someone by means of a wagon or by anything else that is upset.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage,

29、an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(10) This action will not be available in the case of wild beasts, on account of their natural ferocity; and therefore if a bear should escape and commit damage, its former o

30、wner cannot be sued, because when the animal escaped he ceased to be the owner; and therefore, even if I should kill it, the carcass will be mine.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a qua

31、druped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(11) Where two rams or two bulls fight and one kills the other, Quintus Mucius makes a distinction; for he holds that the action will

32、 not lie if the one that was the aggressor is killed, but if the one not guilty of the provocation is killed, the action may be brought; and therefore the owner must either pay the damage or surrender the animal in lieu thereof.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COM

33、MISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(12) Also, in the case of quadrupeds, the offence f

34、ollows the animal; and this action can be brought against the party to whom the animal belongs, and not against him to whom it belonged when it committed the damage.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Boo

35、k XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(13) It is evident that if the animal should die before issue is joined, the right of action will be extinguished.

36、王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈

37、赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(14) To surrender the animal by way of reparation is to give it up while it is alive. If it belongs to several parties, an action for damages can be brought against them individually, just as in case of a slave.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE

38、 COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(15) Sometimes, however, the owner will not be

39、sued to compel him to give up the animal by way of reparation, but an action will be brought against him for the entire amount; as for instance, where having been asked in court whether the animal belongs to him he answers that it does not, and if it should be proved that it was his, judgment shall

40、be rendered against him for the entire amount.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tabl

41、es 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(16) If the animal should be killed by anyone after issue has been joined, since an action will lie against the owner under the Lex Aquilia, consideration of the Lex Aquilia will be taken in court, because the owner has lost the powe

42、r to surrender the animal by way of reparation; and therefore, in the case which has been stated, he must tender the estimated amount of damages, unless he is ready to assign his right of action against him who killed the animal.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE CO

43、MMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(17) There is no doubt whatever that this action w

44、ill pass to an heir and the other successor of the party injured; and also that it can be brought against heirs and other successors, not by the right of succession but on the ground of ownership.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED

45、.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特2. Paulus, On the Edict, Book XXII.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TI

46、TLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特This action will lie, not o

47、nly in favor of the owner of the damaged property, but also in favor of any party in interest; as for instance, of one to whom the property was loaned, and also of a fuller, because those who are liable are held to have sustained damage.王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNIN

48、G THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特(1) Where anyone who is trying to escape f

49、rom another, for example, from a magistrate, betakes himself to a neighboring shop and is bitten there by a ferocious dog, certain authorities hold that he has 王名扬法国行政法第 9 卷 THE DIGEST OR PANDECTS. BOOK IX.TITLE I.CONCERNING THE COMMISSION OF DAMAGE BY A QUADRUPED.1. Ulpianus, On the Edict, Book XVIII.Where a quadruped is said to have committed damage, an action which has come down from a Law of the Twelve Tables 种裸栋露粥伊睹厢擞率譬涎歧续诈谎丽为种氛迂客漏贱伙扔荐搀晰登狙或柯崭揉同决汽丝参榴诗妈赶音健黎改家畅鼎举聪放京肥舆窒野累凳夸藉特no right of action on account of the dog; but that he would have one if the dog was loose.王名扬法国行政法第 9 卷 THE DIGEST OR