3.1.229 to 3.1.231

(200) Anyone may even commit a theft of his own property, as for instance, where a debtor secretly removes an article which he has pledged to his creditor, or where I surreptitiously abstract my own property from a bona fide possessor of the same; and hence it has been decided that he who conceals the fact that a slave who is held by a bona fide possessor has returned to him, commits theft. (201) Again, on the other hand, it is sometimes permitted to seize and acquire by usucaption property which belongs to another; and in such cases theft is not held to have been committed; as for instance, where property belonging to an estate of which the heir has not taken possession is seized, unless there is a necessary heir; for when there is a necessary heir, it has been decided that usucaption cannot take place in favor of a party acting as the heir. Likewise, in accordance with what we have stated in a former Commentary, a debtor who has transferred property to his creditor by mancipation or surrendered it in court on account of a trust, can take possession of the property, and acquire it by usucaption, without being guilty of theft. (202) Sometimes a person is liable for theft who did not himself commit the offence; as is the case with one by whose aid and advice a theft has been perpetrated. To this class belongs a person who knocks money out of your hand in order that another may pick it up; or places himself in your way in order that another may seize it; or puts your sheep or oxen to flight in order that another may catch them, as in the example given by the ancient authorities, where a person put a herd of cattle to flight by means of a red cloth. If, however, this were done merely for the sake of amusement, and not for the purpose of committing a theft, we will examine whether an equitable action should be granted, as by the Lex Aquilia ,which was enacted with reference to damages, even negligence may be punished.