Legal Definitions - expilatio

Definition: Expilatio is a term used in Roman law to describe the act of unlawfully taking possession of goods that belong to a succession. This is not considered theft because the property does not yet belong to the decedent or an heir.

Example: If a person dies and their estate is not yet settled, their property is considered to be in a state of succession. If someone were to take possession of items from the estate before the rightful heirs have been determined, this would be considered expilatio.

Explanation: Expilatio is a specific type of offense that occurs in the context of succession law. It involves taking possession of property that does not yet belong to anyone, but will eventually be distributed to heirs. This is different from theft, which involves taking property that already belongs to someone else. The example illustrates how expilatio can occur when someone takes possession of property from an estate before the rightful heirs have been determined.