Acts which caused damage to another obliged the wrongdoer to make
reparation, and this responsibility extended to damages arising not only
from positive acts, but from negligence or imprudence. In an action of
libel or slander, the truth of the allegation might be pleaded in
justification. [Footnote: D. 47, 10, 18.] In all cases it was necessary
to show that an injury had been committed maliciously. But if damage
arose in the exercise of a right, as killing a slave in self-defense, no
claim for reparation could be maintained. If any one exercised a
profession or trade for which he was not qualified, he was liable to all
the damage his want of skill or knowledge might occasion. When any
damage was done by a slave or an animal, the owner of the same was
liable for the loss, though the mischief was done without his knowledge
and against his will. If any thing was thrown from a window of a house
near the public thoroughfare, so as to injure any one by the fall, the
occupier was bound to repair the damage, though done by a stranger.
Claims arising under obligations might be transferred to a third person,
by sale, exchange, or donation; but to prevent speculators from
purchasing debts at low prices, it was ordered that the assignee should
not be entitled to exact from the debtor more than he himself had paid
to acquire the debt with interest,--a wise and just regulation which it
would be well for us to copy. In regard to the extinction of obligations
the creditor is not bound to accept of payments by instalments, or any
thing short of proper payment at the time and place agreed upon. When
several debts were due, the debtor, in making payment, could appropriate
it to any one he pleased. [Footnote: D. 46, 3, 1.] When performance
became impossible, without any fault of the debtor, such as when the
specific subject had perished by unavoidable accident, the obligation
was extinguished; but if the impossibility was caused by the fault of
the debtor, he was still liable. This was a great modification of the