Obligatio ex Delicto
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Obligatio ex delicto · delict · obligatio ex delicto · obligations ex delicto
in the texts
Institutes of Roman Law
The category of obligation arising from delict.
Under the head of Obligatio ex delicto should be placed, according to Savigny, the doctrine of possession (Interdict-possession), or, rather, of Dispossession, with its remedies, the Interdicts Utrubi, Uti possidetis, and Unde vi.
The Law of Torts
The Roman law category of obligations arising from delict (civil wrong), defined by independence from other obligations, the presence of dolus or culpa, and penal remedies.
Moyle thus describes the specific character of obligations ex delicto.
they give rise, it is true, to a right of action, but a right of action is a different thing from an obligatio ex delicto;
Liability for delict, or civil wrong in the strict sense, is the result either of wilful injury to others, or wanton disregard of what is due to them (dolus), or of a failure to observe due care and caution which has similar though not intended or expected consequences (culpa).