Furtum

The furtum (lat. ~, theft ') is a tort obligation under Roman law. It is made by the actio furti claimed as Pönalklage.

Requirements

The furtum is not sufficiently similar to the theft modern understanding. It includes every fact already " dishonest probing " for one thing:

" Furtum est contrectatio rei fraudulosa lucri faciendi gratia velipsius rei vel etiam usus eius possessionisve. Quod est lege naturali prohibitum admittere. "

" Theft is any dishonest Probe in avaricious intent, it is the thing itself, or even if it is of use or ownership. This is prohibited by natural law. "

The facts thus also covers situations (such as in the case of the use of false weights or certificate theft ) find the approximately according to current German law on theft, embezzlement (or embezzlement in Austria ) and in fraud of their functional equivalents. In addition was the furtum applicable even if the behavior by today's standards at all is not punishable: thus in breach of contract use of the item.

History

The basis for the development of the whole law of the Twelve Tables furtums laws. Similar to the Germanic rights (see Gerüfte ) distinguish these according to whether the action opponent was not taken on the day of action. If this was the case, had before it a furtum manifestum; for the manifestus (, caught red-handed in the act thief ') was brought before the magistrate and flogged there. Negotiated the thief even at night, he could be killed on the spot when the neighbors were called as witnesses. If the thief be not caught in the act, the victim of theft was only on the legal action erstreiten a fine equal to double the value of the subject. The distinction between for manifestus and for nec manifestus lived on to the classical Roman law, with the difference that was punished in the classical period for manifestus only with four times ( quadruplum ) of the value of the stolen object.

As a qualified case of furtum the rapina (lat. ~, robberies ' ) was treated since classical times. Here was the removal of foreign matters by force.