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OP Here's where the word "furtuve" comes from:
FURTUM, "theft," is one of the four kinds of delicts which were the
foundation of obligationes; it is also called "crimen." Moveable things only
could be the objects of furtum; for the fraudulent handling (contrectatio
fradulosa) of a thing was furtum, and contrectatio is defined to be "loco
movere." But a man might commit theft without carrying off another
person's property. Thus it was furtum to use a thing which was deposited
(depositum). It was also furtum to use a thing which had been lent for use,
in a way different from that which the lender had agreed to; but with this
qualification, that the borrower must believe that he was doing it against
the owner's consent, and that the owner would not consent to such use if
he was aware of it; for dolus malus was an essential ingredient in furtum.
Another requisite of furtum (Dig.47 tit.2 s1) is the "lucri faciendi gratia,"
the intention of appropriating the property. This was otherwise expressed
by saying that furtum consisted in the intention (furtum ex affectu
consistit; or, sine affectu furandi non committitur, Gaius, ii.50). It was not
necessary, in order to constitute furtum, that the thief should know whose
property the thing was. A person who was in the power of another might
be the object of furtum (Inst. 4 tit.1 §9). A debtor might commit furtum
by taking a thing which he had given as a pledge (pignori) to a creditor; or
by taking his property when in the possession of a bona fide possessor.
Thus there might be furtum either of a moveable thing itself, or of the use
of a thing, or of the possession, as it is expressed (Inst. 4 tit.1 §1).
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fungible
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