Observations on the problem of theft between spouses in Roman Law – forms of perpetration in D. 25, 2 (De actione rerum amotarum)

Deák, Péter Mihály (2024) Observations on the problem of theft between spouses in Roman Law – forms of perpetration in D. 25, 2 (De actione rerum amotarum). ANNALES UNIVERSITATIS SCIENTIARUM BUDAPESTINENSIS DE ROLANDO EÖTVÖS NOMINATAE - SECTIO IURIDICA, 62 (1). pp. 79-87. ISSN 0524-899X

Preview

Text 05.pdf - Published Version Download (204kB) | Preview

Abstract

Although the dogmatically coherent elaboration of perpetrator forms is the merit of modern criminal law, it is quite clear that the ancient Roman jurists were conscious of the “prefigurations” of these forms of perpetration and of their main aspects. However, these regulations cannot primarily be found in Roman (public) criminal law, but in private law, as in Roman law, a significant number of criminal offences were considered a delictum, which was adjudicated in the framework of a procedure created especially for private law. These regulations of perpetration forms are remarkable in the examination of theft, especially of theft between spouses. The examination of sources concerning actio rerum amotarum (the applicable action in case of theft between spouses) therefore plays an important role with a view to perpetrators, because the act as well as the action has a close connection to furtum and to the actio furti (the applicable action in a case of common theft). In this paper, we intend to present how different forms of perpetration appear in sources concerning theft between spouses and actio rerum amotarum. This essay aims to provide help in determining the rei persecutoria or poenalis nature of this action, understanding its evolution and clarifying the original Roman concept and character of the underlying act. We also examine how constructions, fundamentally developed in the framework of furtum, can be used by the examination of the act and the perpetrator of actio rerum amotarum, in order to have a closer view of the problem of theft between spouses in Roman law.

Actions (login required)

Edit Item