Define: Condictio Rei Furtivse

Condictio Rei Furtivae is a legal term that refers to a Roman law concept of an action for the recovery of stolen property.

The rightful owner of the stolen property can bring a Condictio Rei Furtivae claim.

To prove a Condictio Rei Furtivae claim, the claimant must establish that the property was stolen, that they are the rightful owner, and that the defendant possesses the stolen property.

The time limit for bringing a Condictio Rei Furtivae claim varies depending on the jurisdiction. It is advisable to consult with a legal professional to determine the specific time limit applicable to your case.

In some jurisdictions, a Condictio Rei Furtivae claim can be brought against a good faith purchaser if they were aware or should have been aware that the property was stolen. However, this may vary depending on the specific laws of the jurisdiction.

If successful, the claimant may be entitled to the return of the stolen property or its value in monetary compensation.

Yes, a Condictio Rei Furtivae claim can be brought against a thief even if they have already been convicted in a criminal court. The civil claim focuses on the recovery of the stolen property or compensation, while the criminal conviction addresses the punishment for the theft.

Yes, a Condictio Rei Furtivae claim can still be brought even if the stolen property has been damaged or destroyed. The claimant may be entitled to compensation for the value of the property at the time it was stolen.

If the stolen property has been recovered by the police, a Condictio Rei Furtivae claim may not be necessary. However, if the claimant believes they are entitled to additional compensation or if the property has not been returned, they may still pursue a Condictio Rei Furtivae claim.