Occupatio

In Roman Law, Occupatio was an original method of acquiring ownership of un-owned property (res nullius) by occupying with intent to own. According to the Roman jurist Gaius, any previously unowned thing becomes the just property of the first occupant able to "capture" it^[1]:

§ 66. Another title of natural reason, besides Tradition, is Occupation [occupatio], 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.

§ 67. 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; after breaking from his custody and recovering their natural liberty, they may become the property of the next occupant; for the ownership of the first captor is terminated. Their natural liberty is deemed to be recovered when they have escaped from his sight, or, though they continue in his sight, when they are difficult to recapture.

Abandoned goods (res derelictae) was also res nullius and subject to acquirement through occupatio. Land, however, was excluded and could not be acquired using occupatio.^[2]

See also

• Adverse possession
• Usucapio

References