Dear Readers,
In this edition of Legal Systems Around the World, we explore the origins of the dependants’ action, a vital legal remedy for those who have lost financial support due to the wrongful death of a loved one. What’s fascinating about this action is that its origins lie not in Roman law but in Germanic custom, which later converged with Roman-Dutch law to shape the legal frameworks we know today.
The Dependants’ Action: Definition and Purpose
The dependants’ action allows those financially dependent on a deceased person to seek compensation for the loss of support due to wrongful death. This legal remedy has become a significant part of tort law, especially in jurisdictions influenced by Roman-Dutch systems.
Germanic Origins: Customary Law
The action stems from Germanic customary law, which prioritized the protection of family members and their financial well-being after the death of a breadwinner. Unlike Roman law, which emphasized individual rights, Germanic law focused on familial obligations.
Roman-Dutch Influence
Roman-Dutch legal scholars, such as Hugo Grotius (displayed to the left), adapted the actio utilis under the Lex Aquilia, traditionally used for damage to property or personal injury, to allow dependants to claim for loss of support. They combined Germanic customs with Roman-Dutch legal principles, creating a hybrid remedy for dependants.
Wergeld and Zoengeld: Historical Compensation Practices
The concepts of Wergeld and Zoengeld from ancient Germanic law offer interesting parallels to the modern dependants’ action.
- Wergeld, or the “man price,” was a system used in Germanic cultures to compensate for harm, injury, or death. If someone was killed, the perpetrator’s family was required to pay a sum of money to the family of the deceased. This compensation helped to prevent blood feuds and bring peace to the community by offering financial recompense for lost life. The amount varied depending on social status, with higher payments for higher-status individuals.
- Zoengeld was another compensation system used in the same societies but for property damage rather than bodily harm or death. If someone damaged another person’s property, they were required to pay Zoengeld as restitution, ensuring that property rights were respected.
Both Wergeld and Zoengeld reflect a broader principle within Germanic customary law: compensation as a means of maintaining peace and resolving disputes without resorting to further violence. This idea of compensating victims for harm or loss laid the groundwork for modern legal systems that prioritize restitution and balance.
A Blend of Custom and Law
Today, the dependants’ action remains a crucial part of civil law, particularly in countries like South Africa and Botswana that have adopted Roman-Dutch Law. This legal action illustrates how local customs and Roman legal principles can come together to form laws that continue to protect families and provide justice in wrongful death cases.
Conclusion
The dependants’ action serves as a reminder of how historical legal customs shape the law we rely on today. Its development from Germanic traditions to its adaptation within Roman-Dutch jurisprudence is a testament to how legal systems evolve by integrating both customary practices and formal legal frameworks.
Stay tuned for more insights into legal systems around the world!
Best Regards,
The Legal Editorial Daily Team
The Current Connect Student Club 