Lex Aquilia

Lex Aquilia, or the Aquilian Act is the basis for Damage to property claims in Roman Law. It rendered the previous law in the 12 tables unimportant, and expanded over time to include new areas. Only Chapter 1 and 3 were in major use, Chapter 2 falling out of use rapidly.

Delict
Chapter 1 of the Aquliian Act dealt with the total loss of Cattle and Slaves. Although this was understood to include sheep and Goats, over time it also included Pigs, Camels and Elephants.

Fault needed to be shown - either carelessness or

This only dealt with total loss.

Remedy
The Lex Aquilia specified that the value to be paid by the damagor is the highest value the slave or animal had in the last 12 months.

Consequential loss could also be awarded

Original Delict
The original delict was for "Burning, breaking, or smashing" of another's property (or serious damage). This property was open ended. Smashing was later read as "Spoiling" or "corrupting" allowing for lesser damage, and the damage had to be done "by the body to the body".

Expansion
The Aquilian act adjusted with time to include more potential claims. Analogous actions could be brought for indirect loss, but not for damage to "free persons", however later analogous actions could be brought for the consequential loss.

This concesequential loss also covered reduction in value of "parts of a set" when the set is broken.

Remedy
The Act specified the value in the nearest 30 days. Whether this is the next 30 days (to settle the full value of the loss) or the highest value in the previous 30 days (as a penalty) is in dispute.

Development
The Aqulian Act is the basis for modern law on negligence in civil law systems.