Furtum
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Furtum
''Furtum'' was a delict of Roman law comparable to the modern offence of theft (as it is usually translated) despite being a civil and not criminal wrong. In the classical law and later, it denoted the contrectatio ("handling") of most types of property with a particular sort of intention – fraud and in the later law, a view to gain. It is unclear whether a view to gain was always required or added later, and, if the latter, when. This meant that the owner did not consent, although Justinian broadened this in at least one case. The law of ''furtum'' protected a variety of property interests, but not land, things without an owner, or types of state or religious things. An owner could commit theft by taking his things back in certain circumstances, as could a borrower or similar user through misuse. The Romans distinguished between "manifest" and "non-manifest" theft based on how close to the scene of the crime the thief was caught, although exactly where the line was, was deb ...
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Contrectatio
''Furtum'' was a delict of Roman law comparable to the modern offence of theft (as it is usually translated) despite being a civil and not criminal wrong. In the classical law and later, it denoted the contrectatio ("handling") of most types of property with a particular sort of intention – fraud and in the later law, a view to gain. It is unclear whether a view to gain was always required or added later, and, if the latter, when. This meant that the owner did not consent, although Justinian broadened this in at least one case. The law of ''furtum'' protected a variety of property interests, but not land, things without an owner, or types of state or religious things. An owner could commit theft by taking his things back in certain circumstances, as could a borrower or similar user through misuse. The Romans distinguished between "manifest" and "non-manifest" theft based on how close to the scene of the crime the thief was caught, although exactly where the line was, was deb ...
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Usucapio
''Usucapio'' was a concept in Roman law that dealt with the acquisition of ownership of something through possession. It was subsequently developed as a principle of civil law systems, usucaption. It is similar to the common law concept of adverse possession, or acquiring land prescriptively. Overview Since ''mancipatio'' and '' in iure cessio'' were inherently public modes of acquisition of ownership, ''usucapio'' was the only private method of the ''ius civile''. Ownership of a thing in Roman law was usually protected forever, until a limit of thirty years was introduced in 426 AD on actions by Theodosius – in other words, preventing the owner of a thing getting it back or seeking damages after thirty years. ''Usacapio'' was a form of acquisitive prescription – the passage of time entitled the holder to particular rights of acquisition. This right is a new right, one without reference to any existing rights. ''Usucapio'' assisted two cases: where a thing had bee ...
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Delict
Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct. In Scots and Roman Dutch law, it always refers to a tort, which can be defined as a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (''culpa'') is the main element of liability. The term is similarly used in a handful of other English speaking jurisdictions which derive their private law from French or Spanish law, such as Louisiana and the Philippines, but ''tort'' is the equivalent legal term used in common law jurisdictions and in general discu ...
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Roman Empire
The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterranean Sea in Europe, North Africa, and Western Asia, and was ruled by emperors. From the accession of Caesar Augustus as the first Roman emperor to the military anarchy of the 3rd century, it was a Principate with Italia as the metropole of its provinces and the city of Rome as its sole capital. The Empire was later ruled by multiple emperors who shared control over the Western Roman Empire and the Eastern Roman Empire. The city of Rome remained the nominal capital of both parts until AD 476 when the imperial insignia were sent to Constantinople following the capture of the Western capital of Ravenna by the Germanic barbarians. The adoption of Christianity as the state church of the Roman Empire in AD 380 and the fall of the Western ...
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Free Persons
Free may refer to: Concept * Freedom, having the ability to do something, without having to obey anyone/anything * Freethought, a position that beliefs should be formed only on the basis of logic, reason, and empiricism * Emancipate, to procure political rights, as for a disenfranchised group * Free will, control exercised by rational agents over their actions and decisions * Free of charge, also known as gratis. See Gratis vs libre. Computing * Free (programming), a function that releases dynamically allocated memory for reuse * Free format, a file format which can be used without restrictions * Free software, software usable and distributable with few restrictions and no payment * Freeware, a broader class of software available at no cost Mathematics * Free object ** Free abelian group ** Free algebra ** Free group ** Free module ** Free semigroup * Free variable People * Free (surname) * Free (rapper) (born 1968), or Free Marie, American rapper and media personality ...
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Creditor
A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption (usually enforced by contract) that the second party will return an equivalent property and service. The second party is frequently called a debtor or borrower. The first party is called the creditor, which is the lender of property, service, or money. Creditors can be broadly divided into two categories: secured and unsecured. *A secured creditor has a security or charge over some or all of the debtor's assets, to provide reassurance (thus to ''secure'' him) of ultimate repayment of the debt owed to him. This could be by way of, for example, a mortgage, where the property represents the security. *An unsecured creditor does not have a charge over the debtor's assets. The term creditor ...
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Res Nullius
''Res nullius'' is a doctrine.Johnston. The International Law of Fisheries. 1987p 309 The expression "res nullius" (lit: ''nobody's thing'') is a Latin term derived from private Roman law whereby ''res'' (an object in the legal sense, anything that can be owned, even a slave, but not a subject in law such as a citizen, nor land) is not yet the object of rights of any specific subject. Such items are considered ownerless property and are free to be acquired by means of ''occupatio''. Its use as a legal concept continues in modern civilian legal systems. Examples of ''res nullius'' in the socio-economic sphere are wild animals (''ferae naturae'') or abandoned property ('' res derelictae''). Finding can also be a means of occupation (i.e. vesting ownership), since a thing completely lost or abandoned is ''res nullius'', and therefore belonged to the first taker. Specific legislation may be made, e.g. for beachcombing. Scope Wild animals In common law legal systems, forest l ...
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Res Religiosia
Res or RES may refer to: Sciences Computing *Russian and Eurasian Security Network *Spanish Supercomputing Network (''Red Española de Supercomputación'') Energy *RES - The School for Renewable Energy Science * US Renewable Electricity Standard *Renewable Energy Systems, a UK company Mathematics * Residue (complex analysis) function Medicine * Reticuloendothelial system, in anatomy Archaeology * Répertoire d'Épigraphie Sémitique, a journal publishing Semitic language inscriptions Latin word meaning "thing" * Entity (other) *Object (philosophy) *The first word of several Latin phrases: **''Res divina'' (''service of the gods'') **''Res extensa'' Descartes' physical world **'' Res gestae'' (''Things done'') **''Res inter alios acta'' (''A thing done between others'') **''Res ipsa loquitur'' (''The thing speaks for itself'') **''Res judicata'' (''A matter lreadyjudged'') **''Res nullius'' (''An unowned thing'') **'' Res publica'' (''A public thing'' ...
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Res Sanctae
Res or RES may refer to: Sciences Computing *Russian and Eurasian Security Network *Spanish Supercomputing Network (''Red Española de Supercomputación'') Energy *RES - The School for Renewable Energy Science * US Renewable Electricity Standard *Renewable Energy Systems, a UK company Mathematics * Residue (complex analysis) function Medicine * Reticuloendothelial system, in anatomy Archaeology * Répertoire d'Épigraphie Sémitique, a journal publishing Semitic language inscriptions Latin word meaning "thing" * Entity (other) *Object (philosophy) *The first word of several Latin phrases: **''Res divina'' (''service of the gods'') **''Res extensa'' Descartes' physical world **'' Res gestae'' (''Things done'') **''Res inter alios acta'' (''A thing done between others'') **''Res ipsa loquitur'' (''The thing speaks for itself'') **''Res judicata'' (''A matter lreadyjudged'') **''Res nullius'' (''An unowned thing'') **'' Res publica'' (''A public thing'' ...
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Personal Property
property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables—any property that can be moved from one location to another. Personal property can be understood in comparison to real estate, immovable property or real property (such as land and buildings). Movable property on land (larger livestock, for example) was not automatically sold with the land, it was "personal" to the owner and moved with the owner. The word ''cattle'' is the Old Norman variant of Old French ''chatel'', chattel (derived from Latin ''capitalis'', “of the head”), which was once synonymous with general movable personal property. Classifications Personal property may be classified in a variety of ways. Intangible Intangible personal property or "intangibles" refers to personal property that cannot actually be moved, touched or felt, but instead repre ...
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Damnum Iniuria Datum
''Damnum iniuria datum'' was a delict of Roman law relating to the wrongful damage to property. It was created by the Lex Aquilia in the third century BC, and consisted of two parts: chapter one, which dealt with the killing of another's slave or certain types of animal; and chapter three which related to other types of property. It was widely extended both by reference to the words of the statute themselves and by the Praetor. Like similar concepts in the modern law, it had to deal with changes in the way negligence was dealt with, issues of omission, and those of causation. Basic form ''Damnum iniuria datum'' can be considered wrongful damage to property. The law of the Empire on this topic is mainly based on the Lex Aquilia, of which the date is uncertain, but earlier than the introduction of the contract of mandate. It does not seem that, as the Institutes rather suggest, and the Digest actually says, it superseded earlier provisions as matter of law, but it was of overwhel ...
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Masurius Sabinus
Masurius Sabinus, also Massurius, was a Roman jurist who lived in the time of Tiberius (reigned 14–37 AD). Unlike most jurists of the time, he was not of senatorial rank and was admitted to the equestrian order only rather late in life, by virtue of his exceptional ability and imperial patronage. Masurius was the first person to give "state-certified opinions" ''(publice respondere)'', a privilege granted by the emperor which marked increasing imperial control over the judicial process after the end of the Roman Republic. Before the Principate of Augustus, the value of legal opinions was based on the expertise of those who gave them. The passage in the ''Digest'' of Justinian that discusses the granting of Masurius's authority is thus a pivotal point in the history of Roman law. Masurius was a leader of the '' Sabiniani'', a school or sect of legal thought in the 1st and 2nd centuries AD. He was succeeded by a line of jurists including Gnaeus Arulenus Caelius Sabinus (consul 6 ...
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