Five theses on conversion

• Francesco Giglio ^[1]
  1. [1] University of Catania

     University of Catania

     Catania, Italia

     
• Localización: Jus: Rivista di Scienze Giuridiche, ISSN 0022-6955, Vol. 66, Nº. 1, 2019, págs. 105-134
• Idioma: italiano
• Texto completo no disponible (Saber más ...)
• Resumen

  • The tort of conversion is examined through five theses with the aim to show its relevance for commerce. It may appear counterintuitive that a strict liability tort facilitates the flow of goods. Yet, legal comparison suggests that there is a functional difference between conversion and the Roman vindication, which protects ownership. A comparison with the Roman delict of furtum, or theft, is arguably more appropriate to provide a clearer picture of conversion. Each thesis, even when it is rejected, contributes to corroborate the final thesis on the role of conversion as an institution that provides a higher level dynamicity than the systems which focus on vindication.