Stručni rad
Furtum in Roman Private Law: Notion and judical protection
Ivana Jaramaz Reskušić
Mario Krka
Sažetak
According to the analysis of the relevant legal sources (especially D. 47,2) two main issues connected to theft (furtum) in Roman private law are elaborated in this article. In the fi rst part the specifi c development of the conception of wrongful act of furtum is presented
as observed from the period of the XII Tables (deprival of someone’s movables sanctioned in two ways, by public-law and private-law measures), through the Republican namely praetorian period (private-law delict of any dishonest behaviour reasulting
in patrimonial loss), to the late-classical period (fi nal restriction and stating precisely the delict by contrectatio and animus furandi/animus lucri faciendi). In the second part of the article the means of legal protection are dealt with, where basic features of actio furti are
presented fi rst (liability to punishment, passive intransmissibility, cumulative and noxal liability, infamous character), and then issues of who can sue and be sued are referred to as well as determining criteria for setting up the action. After that the features of other reipersecutory means of legal protection available to the victim of the theft are described (rei vindicatio, condictio ex causa furtiva and potentially actio in personam which derives from the breach of contract due to the theft).
Ključne riječi
Roman private law; furtum; contrectatio; animus furandi; lucrum; actio furti; rei vindicatio; condictio ex causa furtiva
Hrčak ID:
13297
URI
Datum izdavanja:
23.5.2007.
Posjeta: 5.762 *