Burglary

What is Burglary in Roman Law?

Quick Definition

Burglary in Roman law is most closely reflected in the concept of furtum, which covers the dishonest taking or handling of another person’s property with the intention of gain. It includes theft by stealth, deception, or unlawful interference with possession. Roman law focuses less on “breaking and entering” and more on the dishonest intent behind the act.

In Context

Burglary-type conduct in Roman law typically falls under furtum, which could occur even without physically removing property, as long as there is dishonest interference with another’s ownership or possession. For example, secretly using someone’s slave or moving goods without permission could amount to furtum. Roman remedies are both penal and civil, allowing the victim to pursue compensation or penalties through legal action. In exam scenarios, the key issue is usually whether the defendant had dishonest intent (animus furandi) and whether the interference with property rights was sufficient to amount to theft.

See Also

• Furtum (Theft)

• Ownership (Dominium)

• Possession (Possessio)

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