Victim fault and comparative negligence: Explanation of a historical confusion in the light of Roman writings

Victim fault and comparative negligence: Explanation of a historical confusion in the light of Roman writings 4928 3264 José David Castellanos

 

ABSTRACT: Since Roman times the legal consequence arising from the idea that the victim somehow contributed to their own harmwas that his/her right to be indemnified was completely ruled out. As of the 18th and 19th century, based on Roman writings, it was thought that this was due to the “comparative negligence”, that is, compensating between faults, repealing one another. We consider this is an inaccurate historical interpretation of the Roman sources, which we will demonstrate herein.

Dr. Jorge Eduardo Medina
Facultad de Derecho