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Noxālis Actio

A “noxal action” was a suit brought by one who had been injured by a son or slave of another citizen. He could bring no action directly against the person who had been guilty of the noxa, as he was not sui iuris (see Ius), but, instead, sued the father of the youth or the owner of the slave. The father or the owner, as the case might be, could either pay damages to the plaintiff or could give up the offender (noxae dare) to him. If the father or owner made no defence to the suit, the offender was given up to the injured person by decree of the praetor. Justinian abolished the noxae datio in the case of children. See Gaius, iv. 74-79; and cf. Ihering, Geist des römischen Rechts, i. p. 131.

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