TYPES OF TORTIOUS ACTS IN ROMAN LAW

FURTUM AND RAPINA

FURTUM

Although we usually translate it as theft, it actually has a broader meaning. It also covers misconduct in security and crimes committed against property. It is one of the oldest torts of Rome. There are three varieties

Furtum Rei is when a thief enters a house directly and steals an item by stealing. Furtum is a theft using the Usus. If the person who is responsible for holding what he holds only uses it, it is Furtum Usus. Furtum Possessionis is the person who steals what he has pawned, it is the theft of impiety.

 

RAPINA

Extortion, that is, rapina, is the taking and extortion of a person’s property using algebra and violence. If the case was opened within 1 year after the extortion, the price of the item would be 4 times, and if it was opened after 1 year, the price of the item would be requested. And those who were convicted of extortion were executed and declared dishonorable.

 

DAMAGES TO PROPERTY AND INIURIA

Damnum Iniuria Datum: Unfairly harming the property of others. Injuring his slave, breaking his door, etc. In order for this crime to be counted, it must first be a tort. If there is self-defense, this is not a tort.

Iniuria: Means rape committed directly against a person and a violation of the person. Over time, this concept began to be used for all kinds of material and spiritual encroachments. Because of this, the conviction would also have resulted in execution, that is, dishonor.

ACQUAINTANCES OF PRETORS: DOLUS AND METUS

Dolus: It means cheating. It includes all corruption, deceptive words and gestures. Subsequently, the meaning of this crime was also expanded, and all kinds of acts contrary to good were included in the scope of the crime of dolus. Before that, iusophile had not taken measures against cheating and did not have any punishment, later the pretors took measures against it.

Metus: Coercion. It is to force a person to take a legal action that he would not normally do through threats or intimidation. There is a spiritual compulsion.

Fraus Creditorum: is the name given to the fraudulent theft of goods by the debtor at the expense of the creditor.