THE DISAPPEARANCE OF THE "PRIVATE" ELEMENT FROM THE CONCEPT OF THEFT: A HISTORICAL EXPLANATION
Journal: Ankara Üniversitesi Hukuk Fakültesi Dergisi
Year: 2023

According to the unique public and private law division standards in Roman law, the concept of theft in Roman law has a dual nature of public and private. Ordinary theft is considered to reflect private legal relations and is a delictum, while aggravated theft reflects the legal relations dominated by the will of the state and is a public crime. The duality of this theft also affected the development of the concept of theft in the Middle Ages, both Canon law and Germanic law distinguished betwee