Title

The Definition of Furtum and the Trichotomy

Tijdschrift voor Rechtsgeschiedenis [Legal History Review], Vol. 28, No. 2 (1960), pp. 197-210

Abstract

The following definition of theft is found in D.47.2.1.3 (Paul 39 ad ed.)

Furtum est contrectatio rei fraudulosa lucri faciendi gratia vel ipsius rei vel etiam usus eius possessionisve, quod lege naturali prohibitum est admittere.

It is repeated, but with a variation, in Justinian's Institutes 4.1.1.

Furtum est contrectatio rei fraudulosa vel ipsius rei vel etiam usus eius possessionisve, quod lege naturali prohibitum est admittere.

The Digest definition appears as above, so far as I am aware, in all editions of the Digest with the exception of those of Haloander, while the one from the Institutes is in that form in the very early editions but not in most of those dating from the end of the first quarter of the 16th to the beginning of the 18th century.