Legal Definitions - furtum

In Roman law, furtum refers to the offense of theft, but it was a broader concept than modern definitions of theft. It encompassed not only the direct taking of someone else's movable property but also any dishonest handling of that property with the intention of profiting from it. It could also refer to the stolen item itself.

• Example 1 (Taking Property): Imagine a farmer who secretly enters a neighbor's field and takes a sack of harvested potatoes without permission.

  Explanation: This is a straightforward example of furtum because the farmer dishonestly took movable property (the potatoes) belonging to another person with the intent to keep or sell them.

• Example 2 (Dishonest Handling for Profit): Consider an employee at a pottery studio who, after hours, uses the studio's clay and kiln to create their own pottery pieces, which they then sell for personal profit, without the owner's knowledge or permission.

  Explanation: This illustrates furtum because the employee is dishonestly handling the employer's property (clay, kiln use) with the intent of profiting from it, even though they didn't "take" the studio itself.

• Example 3 (Finding and Keeping): A person walking in a park finds a valuable smartphone that someone has clearly just dropped. Instead of attempting to find the owner or turn it in to lost and found, they decide to keep it for themselves.

  Explanation: This is an example of furtum because the person has taken possession of movable property belonging to another and is handling it with the intent to profit (by keeping or using it) rather than returning it to its rightful owner.

Specific Types of Furtum:

furtum conceptum

In Roman law, furtum conceptum occurred when someone was discovered in possession of stolen property after a formal search conducted with witnesses present. The person found with the goods was liable to pay the owner three times the value of the stolen property, and could then pursue the actual thief for triple damages.

• Example 1: After a valuable antique vase is stolen from a collector's home, the police obtain a search warrant for a suspect's apartment. With the collector and a neighbor present as witnesses, the police search the apartment and find the unique vase hidden in a closet.

  Explanation: This is furtum conceptum because the suspect was discovered in possession of the stolen vase during a witnessed search, making them liable for the damages to the collector.

• Example 2: A community garden plot owner reports several expensive gardening tools missing. Suspecting a particular individual, they arrange for a local official and another gardener to accompany them for a search of the individual's shed, where they find the stolen tools.

  Explanation: This scenario fits furtum conceptum as the stolen items were found in the individual's possession during a search conducted with witnesses.

furtum grave

In historical Scots law, furtum grave referred to an aggravated form of theft. This type of theft was considered so serious that, in ancient times, it could be punishable by death.

• Example 1: In 15th-century Scotland, a person is caught stealing a large number of horses from a nobleman's estate, which would have severely impacted the nobleman's ability to farm and travel.

  Explanation: This would likely be considered furtum grave due to the significant value and impact of the stolen property, which in historical contexts often led to severe penalties.

• Example 2: During a period of famine in medieval Scotland, a group of individuals raids a community granary, taking a substantial portion of the stored grain essential for the survival of many families.

  Explanation: The theft of vital resources during a time of scarcity would be deemed an aggravated offense, fitting the description of furtum grave due to its severe consequences for the community.

furtum manifestum

In Roman law, furtum manifestum was a "manifest" or "open" theft, meaning the thief was caught in the act of stealing or very shortly thereafter. Specifically, this applied if the thief was apprehended on the same day as the theft, while still in possession of the stolen property, and before they had reached a safe place where they intended to conceal it. This type of theft carried harsher penalties, often requiring the thief to pay four times the value of the stolen goods.

• Example 1: A person snatches a wallet from a restaurant table and attempts to run out the door, but is immediately tackled by a waiter and the wallet's owner before they can leave the premises.

  Explanation: This is furtum manifestum because the thief was caught in the very act of the theft, still on the scene with the stolen item, before reaching any place of safety.

• Example 2: A shoplifter places several items into a bag and walks past the cash registers without paying. As they step out of the store's exit, a security guard stops them, still holding the stolen merchandise.

  Explanation: This also qualifies as furtum manifestum because the thief was apprehended immediately after taking the items, still in possession of them, and before they had fully escaped or reached a secure location.

furtum oblatum

In Roman law, furtum oblatum occurred when a thief, attempting to avoid being caught, offered or "planted" stolen property on an innocent person. This person would then be found in possession of the goods, but could bring an action against the true thief.

• Example 1: A thief steals a valuable painting from an art gallery. While fleeing, they see a police patrol and quickly slip the painting into the open backpack of an unsuspecting tourist who is admiring a nearby fountain. The police then stop and search the tourist, finding the stolen artwork.

  Explanation: This is furtum oblatum because the thief intentionally placed the stolen item onto an innocent party to deflect suspicion, leading to the innocent party being found with the goods.

• Example 2: A person steals a rare book from a library. Later, fearing a search, they discreetly place the book among the belongings of a housemate who is known to be meticulous and unlikely to notice the extra item. When the library reports the theft and a search is conducted, the book is found with the housemate.

  Explanation: This illustrates furtum oblatum as the thief deliberately transferred the stolen item to an innocent person to shift blame or avoid detection.

furtum possessionis

In Roman law, furtum possessionis was a specific type of theft where an owner dishonestly removed their own property from the control of someone who had a legal right to possess it. This could include situations where the property was pledged as collateral, held by a good-faith possessor, or under the control of someone with a lien (a legal claim on the property).

• Example 1: A person pawns a valuable watch to a pawn shop in exchange for a loan. Before repaying the loan, the owner secretly enters the pawn shop and takes their watch back without the shop's knowledge or permission.

  Explanation: This is furtum possessionis because the owner dishonestly removed their own property from the pawn shop, which had a legal right to possess it as collateral until the loan was repaid.

• Example 2: A car owner takes their vehicle to a mechanic for extensive repairs. Once the repairs are complete, but before paying the bill, the owner uses a spare key to take the car from the mechanic's lot in the middle of the night.

  Explanation: This fits furtum possessionis because the owner took their car from the mechanic, who had a legal lien on the vehicle (the right to hold it) until the repair costs were paid.

furtum rei

In Roman law, furtum rei referred to ordinary theft. It involved the dishonest taking of something to which the taker had no legal right.

• Example 1: A person walks into an open office and, seeing an unattended laptop on a desk, picks it up and leaves with it, intending to keep it.

  Explanation: This is a clear case of furtum rei as it involves the dishonest taking of an item (the laptop) to which the person had no right.

• Example 2: While browsing in a bookstore, an individual slips a new release novel into their coat and walks out without paying.

  Explanation: This is furtum rei because the individual dishonestly took the book, which they had no right to possess without purchase.

furtum usus

In Roman law, furtum usus, or "theft of use," occurred when someone who had temporary, legitimate possession of an item (like a borrower or a creditor holding collateral) dishonestly used that item in a way that was not authorized or agreed upon.

• Example 1: A person borrows a friend's bicycle to ride to the local grocery store. Instead, they decide to take it on a week-long mountain biking trip without their friend's knowledge or permission.

  Explanation: This is furtum usus because the borrower dishonestly used the bicycle for a purpose far beyond what was agreed upon, essentially "stealing" the unauthorized use of the item.

• Example 2: A jeweler holds a customer's antique watch as collateral for a loan. While the watch is in their possession, the jeweler secretly wears it to a formal event, despite having no contractual right to use the pledged item.

  Explanation: This exemplifies furtum usus because the jeweler, as a creditor holding a pledge, dishonestly used the collateral for personal benefit without authorization.