Análisis de los delitos privados en el Derecho romano: un estudio retrospectivo e incidencia en el Derecho Penal ecuatoriano

This investigative work immerses itself in an attractive analysis of private crimes in the context of Roman Law, exploring its foundations, development and consequence. On the other hand, the general objective was to determine the relevance of the study of private crimes in Roman Law, through the historical legal review, with the purpose of establishing its incidence and validity in Ecuadorian Criminal Law. Through a qualitative approach and with a descriptive depth, relying on the methods were historical-legal, synthetic analytical, the techniques were documentary review and interviews, of great support that allowed us to understand the nature and classification of Roman private crimes, as well as as its implications in the society of the time, in addition to examining relevant legal sources to contextualize the application and evolution of these private crimes born of ius civilis, which are\; el furtum, rapina, damnum iniuria datum, iniuria. The research made it possible to demonstrate the transfer of concepts and principles from Roman Law to the Ecuadorian legal system, identifying how Roman private crimes that have left a mark on the contemporary legal structure. Similarities and adaptations were analyzed, highlighting the continued relevance of the mutandis mutandis of these legal institutes with the help of the figure of the transfer of crimes to the concepts contained in the COIP contained in Ecuadorian criminal legislation. By fusing these elements, this thesis not only contributes to the historical understanding of private crimes, but also provides a vision of their evolution in the Ecuadorian legal field, considering the different penal codes that have governed the country. This comprehensive approach allows a more complete appreciation of the influence of Roman Law in the current configuration of the crimes of theft, robbery, damage to another's property and insults, the latter considered as fourth-class contraventions.

• Hlavní autor: Casarez Recalde, Juan Carlos (author)
• Médium: bachelorThesis
• Vydáno: 2024
• Témata: delitos privados romanos, furtum, rapina, damnum iniuria datum, iniuria, evolución legislativa penal ecuatoriana, derecho romano
• On-line přístup: https://repositorio.puce.edu.ec/handle/123456789/42909