Furtum possessionis, often translated as "theft of possession," is a term rooted in Roman law. It refers to the act of unlawfully removing property from the control of someone who has a legitimate right to possess it, such as a pledgee, a bona fide possessor, a commodatary with a lien, or an usufructuary. This concept underscores the importance of respecting possession rights in legal contexts.
This term is primarily used in civil law contexts, particularly in cases involving property disputes. It may arise in situations where someone unlawfully takes possession of an item from another party who has a rightful claim to it. Users may encounter this term in legal documents or proceedings related to property rights, contracts, and personal property disputes. Legal templates from US Legal Forms can assist individuals in navigating these situations effectively.
Here are a couple of examples of abatement:
Example 1: A person who borrows a car (commodatary) and then sells it without the owner's permission is committing furtum possessionis.
Example 2: A landlord who unlawfully removes a tenant's belongings from a rented apartment after the lease has ended may also be engaging in this act (hypothetical example).
| State | Key Differences |
|---|---|
| California | California law may impose stricter penalties for theft of possession compared to other states. |
| New York | New York distinguishes between civil and criminal theft of possession, affecting the legal remedies available. |
| Texas | Texas law includes specific defenses against claims of furtum possessionis that may not be recognized in other states. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Bona Fide Possessor | A person who possesses property in good faith, believing they have the right to do so. | Furtum possessionis involves wrongful removal, while bona fide possession refers to lawful possession. |
| Commodatary | A person who borrows an item for temporary use. | Furtum possessionis can occur if a commodatary unlawfully sells or damages the borrowed item. |
If you believe you are a victim of furtum possessionis, consider the following steps:
In complex cases, seeking professional legal assistance may be necessary to navigate the situation effectively.
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by state and legal representation. |
| Jurisdiction | Applies in civil law contexts across various states. |
| Possible Penalties | May include restitution, damages, or criminal charges depending on the jurisdiction. |
It refers to the unlawful removal of property from a rightful possessor.