OCCUPA´TIO
OCCUPA´TIO is the advisedly taking possession of a
thing which belongs to no one (
res nullius),
with the intention of appropriating it: the property in it is thereby
ipso facto vested in him who takes
possession (
Cic. de Off. 1.7,
21): “quod nullius est, id ratione naturali occupanti
conceditur” (
Dig. 41,
1,
3, pr.). Hence (following Gaius, 2.66,
and also in the passage just cited) Justinian enumerates occupatio in his
Institutes as one of the
ad quisitiones naturales,
or modes of acquiring property recognised practically among all peoples, as
being based on the
jus gentium or
naturale. Among the things of which one can become
owner in this fashion are wild animals, birds, bees, and fishes
(
Inst. 2.1, 12-16), enemies' property on Roman soil (ib.
17), stones and pebbles found on the sea-shore (ib. 18), islands which rise
in the sea (ib. 22), treasure trove (ib. 39), and
res
derelictae, property abandoned by its former owner (ib. 47).
[
J.B.M]
