Five theses on conversion
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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.
keywordsconversion, torts, title, vindication, Roman law of furtum.
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