The legitimacy of raising aquilian claim in the case of destruction of an obligation relation object

• Main Author: Aličić Samir
• Format: Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2011-01-01
• Series: Zbornik Radova: Pravni Fakultet u Novom Sadu
• Subjects: Roman law; obligations; indemnity law; unlawful damage; Aquilia law; legitimacy
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2011/0550-21791102359A.pdf

If an object which should be submitted on the basis of obligation is unlawfully destroyed, Aquilian claim belongs to the debtor as the owner of the object, regardless of whether it was destroyed by a creditor or a third party, and the debtor is relieved of the obligation. The claim does not belong to him only if the creditor destroys the object while the debtor is delayed, or if a third party destroys the object with the intent to harm the creditor. In the latter case, actio doli belongs to the creditor. Also in cases in which he was denied Aquilian claim, the debtor is freed from liability obligations, if the destroyed object was individually determined. Aquilian claim also belongs to the debtor in case of damage to the object which should be submitted, but if the object is damaged by a third party, the creditor is entitled to require from the debtor Aquilian claim to be left to him. If the detentor destroys or damages the object he that keeps under contract , the creditor can sue him with contract suit or suit for unlawful damage. And if the object is destroyed by a third party, Aquilian claim on the value of the object belongs exclusively to the creditor as the owner of the object, while the detentor can only have the right to Aquilian claim on the value of results of the object, as their owner.