Katharina StypulkowskiDer bonus pater familias im klassischen Römischen Recht

About this book deutschenglish

§ 276 I 1 of the German Civil Code states that the debtor is liable for negligence and willful intent. According to § 276 II of the German Civil Code negligence is given if one didn`t act as carefully as it is necessary. Carefulness is an indefinite term in law. It is only possible to determine, which behavior is regarded as not careful and which behavior is considered as careful. This happens in dependence of the situation.

In Roman law an example of men was taken in order to achieve and to explain a scale of carefulness for individual cases. This is why the Roman law knew the bonus or the diligens pater familias. The role of the bonus pater familias was a flexible and versatile blackbox for miscellaneous social ideas. The figure describes entitled expectations in the behavior of other persons. Ruling normative expectations of the people should be established in the law via the figure of the bonus pater familias.

In the first part of this book the author examines, which social expectations and values of the Roman society are embodied by the figure of the bonus pater familias. The figure reflects a certain portrait of men and their way of life, which can also be found in Greek philosophy and in the old rhetoric as well as in the law.

In the second part of the book the author analyses all relevant texts of the Corpus Iuris Civilis and concerns herself with the bonus pater familias as a legal concept.

The third part of this book contains a summary of the research and a consideration, how much the social role and the normative model match and if or why these two sides of the bonus pater familias drifted apart in later law.

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