Text in Afrikaans / Theft in South African law is one of the most well-known
common law crimes. It is also one of the crimes in respect of
which opinions vary considerably.
Furtum possessionis is one of the manifestations of the crime
of theft at common law. The general requirements of furtum
possessionis were already established in Roman law. Emphasis
was not placed on the taker of the thing but on the particular
position of the person who was deprived of the property. This
approach was also followed in Roman-Dutch law.
Fur tum possessionis in South African law can be defined as
follows: It is the unlawful and intentional appropriation by
the owner or someone else of a movable corporeal thing in
commercio, in circumstances in which the possessor of the
thing has a valid right of retention of the thing, with the
intention of depriving the possessor permanently of control of
the thing.
Theft in the form of furtum possessionis differs in an
important respect from theft in the form of the removal of a
thing. In the case of removal the complainant can also be a
person acting as a holder, that is someone exercising control
of the thing on behalf of the owner. In the case of furtum
possessionis the complainant is the person with the right of
retention and from whose possession the thing is taken away.
The accused either possesses the thing as an owner or as a
holder before possession of the thing was transferred to the
complainant. Mere possession is not enough. The possession of
the complainant has to be accompanied by a right to retention.
Furthermore the possession of the thing has to be lawful / Criminal and Procedural Law / LL.M. (Criminal & Procedural Law)
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/17631 |
| Date | 09 1900 |
| Creators | Roos, Cornelius Johannes |
| Contributors | Snyman, C. R. |
| Source Sets | South African National ETD Portal |
| Language | Afrikaans |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (ii, 35 leaves) |
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