FURTUM AND RAPINA
FURTUM
Although it is usually translated as theft, it actually has a broader meaning. It also covers security breaches and crimes committed against property. It is one of Rome’s oldest torts. There are three types:
Furtum Rei is when a thief directly enters a house and steals an item. Furtum Usus is theft of use. If the person responsible for holding an item uses it, it is called Furtum Usus. Furtum Possessionis is when a person steals something they have pledged as collateral, i.e. Theft of property.
RAPINA
Robbery or theft; taking or seizing someone’s property by force and violence. If a lawsuit is filed within 1 year of the robbery, 4 times the value of the property can be claimed; if filed after 1 year, the value of the property can be claimed. Those convicted of robbery were declared infamous and dishonorable.
PROPERTY DAMAGE AND INSURANCE
Damnum Iniuria Datum: Causing unjust damage to the property of others. Harming one’s slave, breaking down a door, etc. For this act to be considered a crime, it must first be an unjust act. If it is a case of legitimate self-defense, it is not an unjust act.
Inuria: Refers to a person being directly assaulted and their personality violated. Over time, this concept began to be used for all kinds of. Physical and moral assault. Therefore, conviction resulted in infamia, or dishonor.
THE PREDATORS KNOW: DOLUS AND METUS
Dolus: Means fraud. It encompasses all types of corruption, deceitful words, and actions. Later, the scope of this crime was expanded to include any action contrary to good faith. Previously, ius civile did not take any measures against fraud and did not impose penalties; later, the praetors took measures against fraud.
Metus: Revenge. It is forcing a person to perform a legal act that they would not normally perform through threats or intimidation. It is a moral obligation.
Fraus Creditorum: It is the name given to the debtor’s smuggling of goods to the detriment of the creditor.