"Tort" i The Law of Torts

Resum

In the context of Anglo-Saxon law, the legal framework of extracontractual civil responsibility is known as the Law of Torts. Such difference in the use of legal terms is the result of criteria derived from the legal systems of Civil Law and Common Law. In this article, the author wants to emphasize the fact that the English word "tort," which is at present being introduced in the legal language of the Civil Law system, has its origins in Romance languages and was used in feudal times by such languages with a similar legal meaning. In order to prove this point, the author contributes lexicographic data from different Romance languages, and documents its use in ancient Catalan legal texts, such as Usatges de Barcelona, Constitucions i altres drets de Catalunya, and Costums de Tortosa. The author concludes by arguing that the word "tort," despite its legal content in traditional Catalan law, is no longer used as a strictly legal term.