|
Rapina
''Rapina'' (theft with violence) was a delict of Roman law. Form This was erected into a special delict in the troubled times of the Roman Republic, and the rules became a permanent part of the law. The action was in factum and condemnation involved infamy. The penalty was fourfold, or rather, as this included the value of the thing, for threefold and compensation. As it was penal and praetorian, it was ''annua'', but, as it covered compensation as well, ''perpetua'' as to the single value. Hence it was said to be ''mixta'' by some jurists and Justinian so decides, but it had the main characteristic of penal actions that it was not available against the heirs of the wrongdoer. As the act was ''furtum'' there would always be the '' condictio furtiva''. The principles were in general those of ''actio furti''. Thus it applied only to ''res mobiles in commercio'' and owned. The contrectatio must be fraudulosa. On some points, however, there are slight signs of divergence. Thus we are t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Republic
The Roman Republic ( la, Res publica Romana ) was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establishment of the Roman Empire, Rome's control rapidly expanded during this period—from the city's immediate surroundings to hegemony over the entire Mediterranean world. Roman society under the Republic was primarily a cultural mix of Latin and Etruscan societies, as well as of Sabine, Oscan, and Greek cultural elements, which is especially visible in the Roman Pantheon. Its political organization developed, at around the same time as direct democracy in Ancient Greece, with collective and annual magistracies, overseen by a senate. The top magistrates were the two consuls, who had an extensive range of executive, legislative, judicial, military, and religious powers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Condictio Furtiva
In Roman Civil Law, a Condictio (plural ''condictiones'') referred to an "action" or "summons"; hence, compounds in legal Latin refer to various types of actions: *condictio causa data causa non secuta * condictio cautionis * condictio certae pecuniae * condictio certae rei * condictio certi * condictio ex causa furtiva * condictio ex injusta causa * condictio ex lege * condictio ex paenitentia * condictio furtiva * condictio incerti *condictio indebiti * condictio liberationis * condictio ob causam datorum * condictio ob injustam causam * condictio ob rem dati * condictio ob turpem causam * condictio possessionis * condictio sine causa * condictio triticaria See also *Unjust enrichment In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make res ... References {{Italic title Roman law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vindicatio
''Rei vindicatio'' is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may be used only when the plaintiff owns the thing, and the defendant has wrongly claimed or assumed possession of the same thing, and is currently impeding the plaintiff's possession of the thing. (reprinted in 1991) The term originated in ancient Rome. The plaintiff could also institute an ''actio furti'' (a personal action) to punish the defendant. If the thing could not be recovered, the plaintiff could claim damages from the defendant with the aid of the ''condictio furtiva'' (a personal action). With the aid of the ''actio legis Aquiliae'' (a personal action), the plaintiff could claim damages from the defendant. ''Rei vindicatio'' was derived from the ius civile, and therefore was available only to Roman citizens. Specification of the thing The function of ''rei vindicatio'' remains the same in most modern legal systems as it was in ancie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
