FURTUM

furtum (f<<schwa>>r-t<<schwa>>m), n. [Latin “theft”] Roman law. 1. The offense of

stealing movable property. • Under Roman law, furtum included not only the taking of another’s

property, but any handling of the property done with the intent of profiting by it. Furtum was not

only a private wrong (delictum) prosecuted by the person suffering the loss. Cf. PECULATUS. 2.

The thing stolen.

furtum conceptum (f<<schwa>>r-t<<schwa>>m k<<schwa>>n-sep-t<<schwa>>m). [Latin]

Roman law. A theft in which someone is discovered in possession of stolen property after a search

with witnesses. • The possessor was liable to pay the owner three times the value of the stolen

property. The possessor could bring an action against the thief and recover triple damages.

furtum grave (f<<schwa>>r-t<<schwa>>m gray-vee orgrah-vay).Hist. Scots law. An

aggravated degree of theft that, in ancient times, was punishable by death.

furtum manifestum (f<<schwa>>r-t<<schwa>>m man-<<schwa>>-fes-t<<schwa>>m).

[Latin “open theft”] Roman law. A theft in which the thief is caught in the act. • A theft was

“manifest” if the thief was caught on the day of the theft with the stolen property before reaching

the place where he intended to take it. Fourfold damages were available by means of actio furti.

(See actio furti under ACTIO.) A theft other than this type was known as furtum nec manifestum.

furtum oblatum (f<<schwa>>r-t<<schwa>>m <<schwa>>-blay-t<<schwa>>m). [Latin

“offered theft”] Roman law. 1. A theft in which the thief offers stolen property to a person who is

then found with the goods. • The person found in possession of the stolen goods could bring an

action against the true thief. 2. The planting of stolen goods.

furtum possessionis (f<<schwa>>r-t<<schwa>>m p<<schwa>>-zes[h]-ee-oh-nis). [Latin

“theft of possession”] Roman law. The owner’s dishonest removal of a thing from the control of a

pledgee, a bona fide possessor, a commodatary with a lien, or a usufructuary.

furtum rei (f<<schwa>>r-t<<schwa>>m ree-I). [Latin “theft of a thing”] Roman law.

Ordinary theft, involving the dishonest taking of something to which the taker had no right.

furtum usus (f<<schwa>>r-t<<schwa>>m yoo-s<<schwa>>s oryoo-z<<schwa>>s). [Latin

“theft of the use of a thing”] Roman law. 1. A bailee’s dishonest use of the thing bailed or lent. 2. A

creditor’s dishonest use of a pledge (pignus) without contractual authority.[Blacks Law 8th]