Search results for " culpa Levissima"
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The liability of the shipmaster in early modern law: comparative (and practice-oriented) remarks
2017
This article deals with the liability of the shipmaster in early modern law in civil and common law, focusing on the approach of Italian and (to a lesser extent) also Iberian courts on the one hand, and on that of common law courts (mostly the King's Bench) on the other. The practice-oriented approach is deliberate: the article seeks to understand what the actual position of the carrier was, not how did learned jurists classify it. Once distinguished practice from dogmatic elaborations (especially for the civil law), this work then proceeds to compare the rules applicable in the two different legal systems. Common law courts imposed strict liability on the shipmaster, for it qualified the c…
Caso fortuito e culpa levissima: premesse ad uno studio sul nesso di causalità nel pensiero giuridico tardo medievale
2022
Lo studio esamina lo sviluppo del nesso causale nel diritto comune tardo medievale