Legal Definitions - contrectatio

Contrectatio is a historical legal concept, primarily originating from Roman law, that describes the physical act of touching or handling another person's property with the specific intention of taking it, using it improperly, or converting it for one's own benefit without permission. This concept implied a deliberate and wrongful interaction with property, signifying a higher degree of blameworthiness than simply possessing something without the owner's consent. Under Roman legal principles, this act was considered a key element in proving theft (furtum).

Here are some examples illustrating contrectatio:

• Example 1: A shopper in a department store picks up an expensive handbag from a display, removes the security tag, and then places the bag into a larger shopping tote they brought with them, intending to walk out of the store without paying for it.

  Explanation: This scenario demonstrates contrectatio because the individual physically "laid hands on" the handbag and actively manipulated it (removing the tag, concealing it) with the clear intent to "take" or "misappropriate" the property without the owner's permission.

• Example 2: An employee responsible for managing the company's inventory of laptops for new hires takes one of the brand-new devices, wipes its data, and then gives it to a family member for personal use, knowing it was intended solely for business purposes.

  Explanation: Here, the employee performs contrectatio by physically handling the company's laptop and intentionally "misappropriating" it for personal use, despite it being entrusted to them for a specific business function.

• Example 3: At a public library, a patron finds a rare, first-edition book left unattended on a table. Instead of returning it to the circulation desk or leaving it for its owner, the patron picks up the book and places it inside their backpack, planning to keep it as part of their personal collection.

  Explanation: This illustrates contrectatio as the patron physically "lays hands on" the book with the clear intent to "take" and "misuse" (by keeping) property that does not belong to them, without the owner's knowledge or consent.