9. Sometimes there may be a theft of free persons, as if one of our children in our power is carried away.
10. A man may even commit a theft of his own property, as, if a debtor takes from a creditor a thing he has pledged to him.
11. A person may be liable to an actio of theft, although he has not himself committed a theft, as for instance, a person who has lent his aid and planned the crime.
Instance given by the old advocati
Among such is one who makes your money fall from your hand that another may seize upon it; or has placed himself in your way that another may carry off something belonging to you; or has driven your sheep or oxen that another may make away with them, or, to take an instance given by the old advocati, frightens the herd with a piece of scarlet cloth. But if such acts are only the fruits of reckless folly, with no design of assisting in the commission of a theft, the proper actio is one in factum. But if Maevius assists Titius to commit a robbery, both are liable to an actio of theft.
A person, again, assists in a theft who places ladders under a window, or breaks a window or a door, that another may commit a theft; or who lends tools to break a door, or ladders to place under a window, knowing the purpose to which they are to be applied. But a person who does not actually assist, but only advises and urges the commission of a theft, is not liable to an actio of theft.
12. Those who are in the power of a parent or master, if they steal anything belonging to the person in whose power they are, commit a theft. The thing stolen, in such a case, is considered to be furtiva, and therefore no right in it can be acquired by usucapion before it has returned into the hands of the owner; but no actio of theft can be brought, because the relation of the parties is such that no actio whatever can arise between them.
But if the theft has been committed by the assistance and advice of another, as a theft is actually committed, this person will be subject to the actio of theft as a theft is undoubtedly committed through his means.
13. An actio may be brought by any one who is interested in the safety of the thing, although he is not the owner; and the proprietor, consequently, cannot bring this actio unless he is interested in the thing not perishing.
Read More about The Institutes 535 CE part 43
