The threefold distinction : furtum rei, furtum usus and furtum possessionis

Abstract

ACTUALLY, no such distinction is formally made in the Digest and it has been urged with reason that no such formal distinction is in any way even authorised by the texts. It is true that the "trio" has acquired quite a lot of importance on account of its having been allotted a seat in the definition of theft itself; but one notes that in several works the distinction is not considered as indicating various types of theft (e.g. in Pothier, Voet, Vico). And it appears that this is the correct attitude; in fact were it not for the stress laid in fr. 1. 3. on this trichotomy, one wouid probably not have thought about making the distinction at all but only to regard the various cases as different features or applications of the same notion.