TY  - JOUR
TI  - OBJECTIVE FACTOR OF FURTUM: CONTRECTATIO
AB  - The first element of furtum wascontrectatio; the handling of an objectagainst the will of the owner (invitodomino) or the person who had a lawfulinterest in such object. Examples ofcontrectatio included the removal of athing, embezzlement, receiving stolengoods, disposing of a pledged thingwithout being authorized to do so,accepting an object that the owner hadhanded over by mistake, and hiding anescaped slave. Furthermore, a pledgeeor depositee who made use of thepledged or deposited object committedfurtum as did the borrower who misusedthe thing lent and even the owner whofraudulently removed a thing from whohad a real thing in it or from a hirer witha right of retention for expenses. It isdifficult to apply the notion of handling(contrectatio) to land thought of as such,and it is never is in fact so applied in juristictexts, thought soil or stones, as opposedto praedium, could be “contrected” andstolen.
AU  - SÖĞÜT, İpek Sevda
PY  - 2017
JO  - Law and Justice Review
VL  - 1
IS  - 15
SN  - 1309-9485
SP  - 81
EP  - 96
DB  - TRDizin
UR  - http://search/yayin/detay/290019
ER  -