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Furtum
''Furtum'' was a delict of Roman law comparable to the modern offence of theft (as it is usually translated) despite being a civil and not criminal wrong. In the classical law and later, it denoted the contrectatio ("handling") of most types of property with a particular sort of intention – fraud and in the later law, a view to gain. It is unclear whether a view to gain was always required or added later, and, if the latter, when. This meant that the owner did not consent, although Justinian broadened this in at least one case. The law of ''furtum'' protected a variety of property interests, but not land, things without an owner, or types of state or religious things. An owner could commit theft by taking his things back in certain circumstances, as could a borrower or similar user through misuse. The Romans distinguished between "manifest" and "non-manifest" theft based on how close to the scene of the crime the thief was caught, although exactly where the line was, was de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contrectatio
''Furtum'' was a delict of Roman law comparable to the modern offence of theft (as it is usually translated) despite being a Civil law (area), civil and not criminal law, criminal wrong. In the classical law and later, it denoted the contrectatio ("handling") of most types of property with a particular sort of intention – fraud and in the later law, a view to gain. It is unclear whether a view to gain was always required or added later, and, if the latter, when. This meant that the owner did not consent, although Justinian broadened this in at least one case. The law of ''furtum'' protected a variety of property interests, but not land, things without an owner, or types of state or religious things. An owner could commit theft by taking his things back in certain circumstances, as could a borrower or similar user through misuse. The Romans distinguished between "manifest" and "non-manifest" theft based on how close to the scene of the crime the thief was caught, although exac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usucapio
''Usucapio'' was a concept in Roman law that dealt with the acquisition of ownership of something through possession. It was subsequently developed as a principle of civil law systems, usucaption. It is similar to the common law concept of adverse possession, or acquiring land prescriptively. Overview Since ''mancipatio'' and '' in iure cessio'' were inherently public modes of acquisition of ownership, ''usucapio'' was the only private method of the ''ius civile''. Ownership of a thing in Roman law was usually protected forever, until a limit of thirty years was introduced in 426 AD on actions by Theodosius – in other words, preventing the owner of a thing getting it back or seeking damages after thirty years. ''Usacapio'' was a form of acquisitive prescription – the passage of time entitled the holder to particular rights of acquisition. This right is a new right, one without reference to any existing rights. ''Usucapio'' assisted two cases: where a thing had b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Twelve Tables
The Laws of the Twelve Tables () was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornblower, Antony Spawforth, and Esther Eidinow (eds.) ''Oxford Classical Dictionary'' (4th ed.) In the Forum, "The Twelve Tables" stated the rights and duties of the Roman citizen. Their formulation was the result of considerable agitation by the plebeian class, who had hitherto been excluded from the higher benefits of the Republic. The law had previously been unwritten and exclusively interpreted by upper-class priests, the pontifices. Something of the regard with which later Romans came to view the Twelve Tables is captured in the remark of Cicero (106–43 BC) that the "Twelve Tables...seems to me, assuredly to surpass the libraries of all the philosophers, both in weight of authority, and in plenitude of utility". Cicero scarcely e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delict
Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct. In Scots and Roman Dutch law, it always refers to a tort, which can be defined as a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (''culpa'') is the main element of liability. The term is similarly used in a handful of other English-speaking jurisdictions which derive their private law from French or Spanish law, such as Louisiana and the Philippines, but ''tort'' is the equivalent legal term used in common law jurisdictions and in general disc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. Elements of negligence claims To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the " elements" of neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digest (Roman Law)
The ''Digest'' (), also known as the Pandects (; , , "All-Containing"), was a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books. The ''Digest'' was part of a reduction and codification of all Roman laws up to that time, which later came to be known as the (). The other two parts were a collection of statutes, the (Code), which survives in a second edition, and an introductory textbook, the Institutes; all three parts were given force of law. The set was intended to be complete, but Justinian passed further legislation, which was later collected separately as the (New Laws or, conventionally, the "Novels"). History The original ''Codex Justinianus'' was promulgated in April of 529 by the C. "Summa". This made it the only source of imperial law, and repealed all earlier codifications. However, it permitted reference to ancient jurists whose writings had been regarded as au ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Masurius Sabinus
Masurius Sabinus, also Massurius, was a Roman jurist who lived in the time of Tiberius (reigned 14–37 AD). Unlike most jurists of the time, he was not of senatorial rank and was admitted to the equestrian order only rather late in life, by virtue of his exceptional ability and imperial patronage. Masurius was the first person to give "state-certified opinions" ''(publice respondere)'', a privilege granted by the emperor which marked increasing imperial control over the judicial process after the end of the Roman Republic. Before the Principate of Augustus, the value of legal opinions was based on the expertise of those who gave them. The passage in the ''Digest'' of Justinian that discusses the granting of Masurius's authority is thus a pivotal point in the history of Roman law. Masurius was a leader of the '' Sabiniani'', a school or sect of legal thought in the 1st and 2nd centuries AD. He was succeeded by a line of jurists including Gnaeus Arulenus Caelius Sabinus (consul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damnum Iniuria Datum
''Damnum iniuria datum'' was a delict of Roman law relating to the wrongful damage to property. It was created by the Lex Aquilia in the third century BC, and consisted of two parts: chapter one, which dealt with the killing of another's slave or certain types of animal; and chapter three which related to other types of property. It was widely extended both by reference to the words of the statute themselves and by the Praetor. Like similar concepts in the modern law, it had to deal with changes in the way negligence was dealt with, issues of omission (criminal law), omission, and those of causation (law), causation. Basic form ''Damnum iniuria datum'' can be considered wrongful damage to property. The law of the Roman Empire, Empire on this topic is mainly based on the Lex Aquilia, of which the date is uncertain, but earlier than the introduction of the contract of :wikt:mandate, mandate. It does not seem that, as the Institutes rather suggest, and the Digest actually says, it su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personal Property
Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law (legal system), civil law systems, personal property is often called movable property or movables—any property that can be moved from one location to another. Personal property can be understood in comparison to real estate, immovable property or real property (such as land and buildings). Movable property on land (larger livestock, for example) was not automatically sold with the land, it was "personal" to the owner and moved with the owner. The word ''cattle'' is the Old Norman language, Norman variant of Old French ''chatel'', chattel, and today cheptel (derived from Latin ''capitalis'', "of the head"), which was once synonymous with general movable personal property. Classifications Personal property may be classified in a variety of ways. Intangible Intangible personal property or "intangibles" refers to personal property t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Religiosia
Res or RES may refer to: Sciences Computing *Russian and Eurasian Security Network *Spanish Supercomputing Network (''Red Española de Supercomputación'') Energy *RES - The School for Renewable Energy Science * US Renewable Electricity Standard *Renewable Energy Systems, a UK company Mathematics * Residue (complex analysis) function Medicine * Reticuloendothelial system, in anatomy Archaeology * Répertoire d'Épigraphie Sémitique, a journal publishing Semitic language inscriptions Latin word meaning "thing" *Entity (other) *Object (philosophy) *The first word of several Latin phrases: **''Res divina'' (''service of the gods'') **''Res cogitans'', Descartes' mental world **''Res communis'', a thing that is owned in common **''Res extensa'', Descartes' physical world **''Res gestae'' (''Things done'') **''Res inter alios acta'' (''A thing done between others'') **''Res ipsa loquitur'' (''The thing speaks for itself'') **''Res judicata'' (''A matter [a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
