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.
In aliis quoque speciebus naturalis ratio requiritur.
Ea quoque quae ex hostibus capiuntur naturali ratione nostra fiunt.
If a thing had already an owner, it is only after dereliction by him that it can be appropriated by occupation.
The Freedom of the Seas (Mare Liberum)
The legal doctrine that private property arises from physical occupation of previously common things.
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.
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;