Roma Hukukunda furtum

Abstract

109 SUMMARY In Roman Law, there were two kinds of delicts. The first one of them was introduced by Ius Civile : Furtum (theft), Rapina (robbery with violence), Damnum Iniuria Datum (damage to property) and Iniuria (wrong to the person). After that, Preators added another group of delicts: Dolus (fraud), Metus (duress), Fraus Creditorum (hiding the goods from the creditors by fraud). The subject of our thesis covers Furtum in Roman Law. iustinian in his Institutes defines furtum as follows : `Theft is the handling with a wrongful intention (fraudulosa) of another's property (furtum rei), or of it's use (furtum usus) or possession (furtum possessionis) `. In order to complete this definition, we should add that the thing stolen must be a movable (res mobilis). Such movable had to belong to a person; because of this reason, we don't consider the goods without an owner (res nullius) as a theft. When furtum is convicted, the injured persons have a right to sue `actio furti`. The owner has the first interest among the injured persons. Besides the owner, if someone has a right in the property less than ownership, e.g. a usufruct or a pledge, such person can also sue it. The aim of our thesis is to search Furtum in Roman Law from all aspects, and to guide the modern lawyers, who are studying in this field.