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.