This article intends to debate the theory of the dominant doctrine
according to the third chapter of the lex Aquilia considers only the “ceterae
res”. In the most ancient interpretation of the lex, in fact, Brutus doesn’t
extend the “rumpere” to slaves and “pecudes”, but extends the notion of
“rumpere”, before related to slaves and “pecudes”, to abortion.
Brutus
uses
the expression “quasi rupto” because there isn’t a contact “corpore” with the fetus, a ruptum thing, while Q. Mucius uses “rumpere” because, according to
him, there is a contact “corpore” with the equa, a ruptum thing.