jurists had already extended the meaning of
(p. 72) and
Book 3.211. Gaius interprets
as being intentional and with malice (Mens
rea); Paul adopts Gaius' terminology in his commentary (intentional
and with malice); culpa is negligence. In contrast to the
other delicts where only dolus is actionable, the Lex Aquilia recognizes
(p. 96). Negligence is first developed in
the Lex Aquilia and only later extended to other
areas of law.
Modern civil law recognizes negligence when a person is able to recognize the unlawfulness of his behavior and could have had the opportunity to act otherwise.
jurists leaned towards a universal measure later called the
diligens; paterfamilias diligens.
"Magna negligentia culpa est, magna culpa dolus est," Paul, Dig. 50.16.226 "A gross negligence is culpa, and a gross culpa is criminal malice."
Comparative responsibility (fault[Culpa]): Compares fault of Actor and Reus
Strict liability: Reus has no fault (Culpa) but is liable
Contributory Negligence: Actor has a degree of fault [Culpa]