oa Fundamina : A Journal of Legal History - Der Vogel Strauß als frühes beispiel für Gesetzesanalogie : ein Phantasma? Grenzfragen bei der römischen Tierhalterhaftung



The action for damage caused by four-footed animals, which during the Middle Ages was called the , had to be extended by an in Roman formulaic procedure to damage caused by other animals. Zoological observations and archeological artifacts reveal that these other animals were mainly ostriches. Modern juristic methodology would regard the example of the ostrich as an early application of an old statutory provision by analogy. The had to modify the in the first stage of the procedure as the appointed judge was limited to a literal interpretation. The question asked in modern literature whether in Roman law the keeper was liable for damage caused by wild animals, must be answered in the affirmative. Special regulations applied to performances of wild animals and snakes before audiences. In the such liability extended to all animals, including bipeds. The make explicit mention of geese, falcons and ostriches. During the nineteenth century it was suggested that liability for the acts of persons of unsound mind be extended to the persons responsible for their supervision.


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