FURTUM USUS ET FURTUM POSSESSIONIS. QUAESTIO ЗА ANIMUS FURANDI
FURTUM USUS ET FURTUM POSSESSIONIS. THE „ANIMUS FURANDI“
Author(s): Ana Rosa Martín MinguijónSubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Canon Law / Church Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: furtum rei, furtum usus; furtum possesionis; animus furandi; actio commodati; actio depositi; actio furti; condictio ex furtive; Responsibility of custody
Summary/Abstract: The main objective of this paper is to analyze the different sources that provide useful information about furtum usus and furtum possessionis. In order to do this, it’ s important to keep in mind that behavior typified as furtum usus comes from actio furti when fur has the responsibility of custody over the thing, derived from any relationship between it and the owner of that thing. This research is not limited to the study of situations of excessive used by the borrower and the depositary against the owner’s will: it describes and analyzes the different jurisprudential opinions about what behavior can be considered coming from the animus furandi. Essay concludes with the procedural protection over the owner and the pledgee creditor, asking if, in the case of concurrence of actions, this has an alternative nature, or not.
Journal: IUS ROMANUM
- Issue Year: 2022
- Issue No: 1
- Page Range: 261-304
- Page Count: 44
- Language: Bulgarian
