Published: 2023-10-05

Aper in laqueo and pavo mansuetus: Roman jurists on the theft of a wild animal

Zuzanna Benincasa

Abstract

In Roman law, wild animals were considered a res nullius, ownership of which could be acquired by anyone by occupatio at the time of capture. A wild animal belonged to its owner for as long as he could control it, but if it escaped and returned to the natural state it was ownerless and could be re-acquired. So the provisions not only for the acquisition but also for the loss of a wild animal were quite different from those applicable to domestic animals. From the late Republic, wild animals began to play an important role in the Roman economy, becoming a conspicuous source of revenue for landowners. Roman jurists knew of this new socio-economic context and sought to provide the keepers of wild animals with protection comparable to what owners of domestic animals enjoyed. This is best shown by a review of the texts concerning liability for theft and damage caused by the release of a wild animal from its owner’s care. This paper considers the liability for the theft of a wild animal which has been tamed, in particular when one person scared the animal off and let it escape and another person caught it.

Keywords:

Roman law, theft, wild animals, tame animals, actio furti, actio damni iniuriae ex lege Aquilia, animalia quae ex consuetudine abire et redire solent

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Citation rules

Benincasa, Z. (2023). Aper in laqueo and pavo mansuetus: Roman jurists on the theft of a wild animal. Zeszyty Prawnicze, 23(3), 27–67. Retrieved from https://czasopisma.uksw.edu.pl/index.php/zp/article/view/13243

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