Aquilian previsions. II. The time for the aestimatio damni for payng the damnum. The discordance between quo pourimum in eo anno fuit (Gaius 3, 210 and D. 9,2,2; or IJ 4,3 pr.) and in diebus XXX proximis (Gaius 3,219; Ulp. D. 9,2,27,5)

Abstract

The lex Aquilia (286 a. C.) was the first statute sanctioning the damnum iniuria datum like a private delict sine iure factum, a contributory neglegence (culpa) caused with iniuria that modern legislations embrace in the extracontractual liability. The assessment of the sum of condemnation was quanti in eo anno plurimi fuit (c. I) and quanti ea res erit/fuit in diebus XXX proximis (c. III) with contoversial solutions when the slave or animal had first been mortally wounded and died at a later date caused by a second wound due to a second delincuent..