Actio vi bonorum raptorum

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The actio vi bonorum raptorum ( Latin rapina = robbery) was an ancient Roman penal action . It regulated the debt and liability relationship between perpetrator and victim of robbery .

The actio vi bonorum raptorum was created on the basis of an old civil criminal action, the actio furti , which sanctioned the furtum . The classic lawyers viewed the robbery as a qualified case of theft , in which, in addition to the “removal of a movable property from another person”, there was also the fact that “force” was also used. The praetorian edict saw from the end of the age of the Republic provides that within a year four times, after which the simple value of the robbery was good to report.

The distinction between theft and robbery has found its way into modern legal systems, for example in § 242 ff. DStGB or § 127 ÖStGB (theft) and § 249 dStGB or § 142 ÖStGB (robbery).

See also

Individual evidence

  1. ↑ Heinrich Honsell : Roman Law, 5th edition. Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 166 f.
  2. ↑ Gaius : 3,209; Digesta Iustiniani : 47; 8.
  3. ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 286.