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The Taxonomy of the actio furti. Between Ownership and Commerce

Giglio, Francesco (2017) The Taxonomy of the actio furti. Between Ownership and Commerce Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung, 134 (1).

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Abstract

In this paper, the actio furti is examined from the perspective of the claimant. After a brief overview of the literature, the main thesis is introduced according to which the actio furti concerned a legal dispute over the control of a thing. The central section of the investigation is dedicated to an analysis of the sources, and particularly to the references to ownership and possession as the gateways to the action. It is followed by a fully-fledged exposition of the theory of control in which it is argued that the aim of the action was the protection of the circulation of goods. Between ownership and commerce, the actio furti privileged the latter over the former.

Item Type: Article
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
NameEmailORCID
Giglio, Francescof.giglio@surrey.ac.ukUNSPECIFIED
Date : 25 June 2017
Identification Number : 10.7767/zrgra-2017-0105
Copyright Disclaimer : © 2017 by SAVIGNY VERLAGSGESELLSCHAFT MBH, WIEN. Published by The Walter de Gruyter publishing group.
Uncontrolled Keywords : furtum, actio furti, taxonomy, claimant, Aktivlegitimation, control, possession
Related URLs :
Depositing User : Melanie Hughes
Date Deposited : 05 Sep 2017 14:18
Last Modified : 05 Sep 2017 14:18
URI: http://epubs.surrey.ac.uk/id/eprint/842178

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