WHAT WAS THE ACTIO ONERIS AVERSI?

Abstract

Abstract D.19.2.31 contains a reply to a question of law attributed to the late-Republican jurist P. Alfenus Varus. Several people had delivered grain to a carrier which was shot into a common pile in the hold of his ship. Subsequently the carrier returned a share of the grain to one of them before the ship went down. The question is asked if the others can proceed against the carrier in respect of their share by raising an action for onus aversum . This article provides a new insight into the scope and application of this otherwise obscure Roman action, by reference to the role of the tort of conversion in analogous cases at common law.