FURTUM AND RAPINA
FURTUM
Although we usually translate it as theft, it actually has a broader meaning. It also covers breach of security and crimes against property. It is one of the oldest torts of Rome. There are three types
Furtum Rei is when a thief enters the house directly and steals an item. Furtum Usus is the theft of using. If the person who is only in charge of holding what he is holding uses it, it is Furtum Usus. Furtum Possessionis, on the other hand, is the person who stole what he pawned, the theft of possession.
RAPINA
Extortion or rapina; It is the taking or usurpation of a person’s property by using force and violence. If the case is opened within 1 year after the usurpation, 4 times the price of the item, if it is opened after 1 year, the price of the item can be demanded. Those who were convicted for extortion were declared infamis, dishonest.
DAMAGES TO PROPERTY AND INIURIA
Damnum Iniuria Datum: To unjustly damage the property of others. Injuring his slave, breaking his door, etc. In order for this crime to be counted, it must first be a tortious act. If there is self-defense, this is not a tort.
Iniuria: It means the direct rape of the person and the violation of the personality. Over time, this concept began to be used for all kinds of material and moral rape. Therefore, conviction would result in infamia, that is, dishonor.
THE PRETORS KNOW: DOLUS AND METUS
Dolus: It means cheating. It includes all corruption, deceptive words and actions. Later, the meaning of this crime was expanded and all kinds of acts contrary to goodwill were included in the scope of the dolmas crime. Before that, the ius civile did not take precautions against cheating and there was no penalty, later the praetors took measures against it.
Metus: Revenge. It is to make a person take a legal action that he would not normally do, by threatening or intimidating. There is a spiritual compulsion.
Fraus Creditorum: It is the name given to the fraudulent smuggling of goods by the debtor to the detriment of the creditor.
