Types Of Torts In Roman Law
FURTUM AND RAPINA
FURTUM
Although we usually translate it as theft, it actually has a broader meaning. It also includes abuse of trust and crimes against property. It is one of the oldest Roman torts. There are three types
Furtum Rei is when a thief breaks directly into a house and steals an item. Furtum Usus is theft by use. Furtum Usus is when a person who is only responsible for holding something in his hands uses it. Furtum Possessionis is the theft of what one has pledged, it is the theft of possession.
RAPINA
Usurpation, or rapine, is the taking of someone’s property by force and violence. If the lawsuit was filed within 1 year after the extortion, the 4 times the price of the property could be demanded, and if it was filed after 1 year, the equivalent of the price of the property could be demanded. Those who were convicted of extortion were declared infamis, dishonorable.
DAMAGE TO PROPERTY AND INIURIA
Damnum Iniuria Datum: Unjustly damaging the property of others. Injuring a slave, breaking a door, etc. In order for this crime to be considered, it must first be a tort. If there is self-defense, it is not a tort.
Iniuria: It means direct rape against the person and violation of the person. Over time, this concept has come to be used for all kinds of material and moral rape. Therefore, conviction would result in infamia, dishonor.
THE PRETORS RECOGNIZED DOLUS AND METUS
Dolus: It means deceit. It includes all corruption, deceptive words and actions. Later on, the meaning of this crime was expanded and all kinds of acts against goodwill were included in the scope of dolus. Prior to this, the ius civile did not take any measures against fraud and there was no penalty for it; later on, the praetors took measures against it.
Metus: Persuasion. It is to force a person to perform a legal act that he would not normally do by means of threats or intimidation. There is moral coercion.
Fraus Creditorum: Fraudulent evasion of property by a debtor to the detriment of the creditor.
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