occupation
“legal doctrine”
idea · 2 works · 2 mentions · 6 anchored passages
Occupation · occupatio
in the texts
Institutes of Roman Law
A natural-law mode of acquisition by taking possession of a thing that belongs to no one, illustrated by capture of wild animals, enemy goods, and derelict property.
Another title of natural reason, besides Tradition, is Occupation, whereby things previously the property of no one become the property of the first occupant, as the wild inhabitants of earth, air, and water, as soon as they are captured.
If a thing had already an owner, it is only after dereliction by him that it can be appropriated by occupation.
For wild beasts, birds, and fishes, as soon as they are captured, become, by natural law, the property of the captor, but only continue such so long as they continue in his power;
The Freedom of the Seas (Mare Liberum)
The legal doctrine that private property arises from physical occupation of previously common things.
Since therefore, to cite Pomponius, building is one kind of occupation, it is permissible to build upon the shore, if this can be done without inconvenience to other people;
But where in this case is that corporal possession or physical appropriation, without which no ownerships arise?
Now, public territory arises out of the occupation of nations, just as private property arises out of the occupation of individuals.