| 翻訳と辞書 |
Rapina
''Rapina'' – theft with violence – was a delict of Roman law.
==Form==
This was erected into a special delict in the troubled times of the Republic, and the rules became a permanent part of the law. The action was in factum and condemnation involved infamy. The penalty was fourfold, or rather, as this included the value of the thing, for threefold and compensation. As it was penal and praetorian, it was annua, but, as it covered compensation as well, perpetua as to the single value. Hence it was said to be mixta by some jurists and Justinian so decides, but it had the main characteristic of penal actions that it was not available against the heirs of the wrongdoer. As the act was ''furtum'' there would always be the ''condictio furtiva''. The principles were in general those of actio furti. Thus it applied only to res mobiles in commercio and owned. The contrectatio must be fraudulosa.〔
On some points, however, there are slight signs of divergence. Thus we are told that what could be recovered was a multiple of the ''verum pretium'', not of the interest the aggrieved had in the thing (''interesse''), but as one text tells us this of furtum also, the import is doubtful. Though in general those who could bring it were the same, one text, probably due to Justinian, says that any sort of ''interesse'' sufficed in this case; in classical law the rule of ''interesse'' was the same as in furtum.〔 One text suggests that mere encouragement was enough to make a man liable for ope consilio, which is consistent with the genesis of the action. The action was a bar to ''actio furti'' and any action ''ad rem persequendam''. Probably in classical law it was barred by ''actio furti'', but under Justinian it was still available for any excess recoverable by it. It is plain that, in manifest theft, furti would be the better remedy, but not in other cases. It does not appear that the action could have been barred by vindicatio, at least as to threefold.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Rapina」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|