Resumo

SAN MARTIN NEIRA, Lilian C. Reduction in damages in cases of contributory negligence. Reflections in light of some Roman law's sources. Rev. Derecho Privado [online]. 2014, n.27, pp.35-67. ISSN 0123-4366.

The paper discusses which criteria should be applied to calculate damages in cases of contributory negligence. It analyzes the meaning and scope of the so called comparative negligence doctrine in Roman law and how it was later abandoned after Christian Wolff's work. The paper shows that, contrary to current teachings, Roman jurists allowed the possibility of dividing the damages between the victim and the tortfeasor. These jurists identified objective criteria which served as a nexus between the behavior of the victim and the portion of risk that it had to assume.

Palavras-chave : Contributory negligence; victim's fault; comparative negligence doctrine.

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