Questione giuridica chiave
Whether the taking of 12 pregnant cows constituted theft because ownership had passed under the 2007 contract
Decisione estratta
Ownership had not passed; the contract was only obligatory and no possessory constitutum was agreed.
Motivazione estratta
A sales contract alone does not transfer ownership. Transfer requires transfer of possession or a valid constitutum possessorium agreement, which was neither found nor shown.