Law of Capture and Accessio

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Questions and Answers

In a case where a painter creates artwork on someone else's tablet, what was the predominant view regarding ownership of the resulting painting?

The painter retained ownership of the tablet only.

The owner of the tablet is always deemed the rightful owner of any artwork.

The painter owned the resulting painting as the tablet acceded to it. (correct)

The tablet and painting were considered separate entities.

What must happen for ownership of fruits to transfer through severance?

Ownership changes as soon as the fruits are severed from the property. (correct)

The fruits need to be processed before ownership can be claimed.

Physical possession of the severed fruits is required for ownership.

The fruits must be harvested and taken under the owner's supervision.

What happens if an owner of the accessory thing acted in bad faith while attaching it to the principal thing?

They gain legal protection over the accessory item.

They must pay compensation regardless of possession.

They lose ownership of both items immediately.

They remain liable for theft but retain ownership of the principal thing. (correct)

In the context of usucapio, what grounds are considered necessary for someone to acquire ownership of property?

The possessor must have good reason to believe that the property is theirs. Signup and view all the answers

Which of the following statements regarding a usufructuary's rights is correct?

They retain rights to fruits without the ongoing permission of the owner. Signup and view all the answers

What is the basis for determining whether a wild animal becomes res nullius?

When it escapes from the control of the owner. Signup and view all the answers

Under what circumstance does accessio apply in the context of ownership?

When two items are inseparable due to their modification. Signup and view all the answers

In the scenario where B sews a button belonging to A onto his coat, what remains the ownership status of the button?

The button remains A's property. Signup and view all the answers

What is the outcome for B who uses A's metal to weld onto his statue if he acted in good faith?

B becomes the owner of both the statue and the metal. Signup and view all the answers

What legal action can A take against B if B acted in bad faith while using A's metal?

Actio furti. Signup and view all the answers

What principle applies when determining if a piece of writing accedes to the material it is on?

The name of the thing being written. Signup and view all the answers

In what scenario does A retain dominium over the bricks while owning a house built on B's land?

If A built the house in good faith. Signup and view all the answers

What happens if A builds a house on B's land in bad faith?

The house is considered a gift to B. Signup and view all the answers

What is the outcome if A acted in good faith and B brings a vindicatio against him regarding a building?

A can raise exceptio doli if compensated for building expenses Signup and view all the answers

In the scenario where C builds a house using D’s bricks, what remains with D?

Ownership of the bricks Signup and view all the answers

What happens to the paint used by E on F's boat if E acted in bad faith?

The paint becomes a gift to F Signup and view all the answers

If G acts in good faith but is out of possession of the manuscript, what is his remedy?

G has no remedy Signup and view all the answers

Which principle applies when J makes a chair from materials belonging to himself and K?

Specificatio is applied as it is a nova species Signup and view all the answers

Under Justinian law, what happens if N finds a bag of gold on O's land with the intention to find it?

O owns all the gold Signup and view all the answers

In the case where A has usufruct over D’s orchard and steals fallen apples, who owns the apples?

A owns the apples as bona fide possessor Signup and view all the answers

If A sold res mancipi to B, who subsequently sold it to C, who then had it stolen by D, what rights does E have if they bought in good faith from D?

E has no rights to the res mancipi Signup and view all the answers

What is true about causa concerning usucapio and traditio in the context of ownership transfer?

Causa is essential for both but serves different functions Signup and view all the answers

What is the outcome if A plants seeds belonging to him in B's land, and A is in good faith regarding his actions?

A is entitled to the value of the seeds. Signup and view all the answers

In the case of accessio affecting land, which statement regarding ownership is correct?

The landowner possesses both the land and attached buildings. Signup and view all the answers

What occurs in the event of confusio when two indistinguishable properties are mixed?

Ownership of the mixture is shared equally. Signup and view all the answers

If A builds a house on B's land using A's materials and B is in good faith, what is true about ownership rights?

A has the right to reclaim his materials after the house is demolished. Signup and view all the answers

What distinguishes actio ad exhibendum from vindicatio in the context of commixtio?

Actio ad exhibendum allows for displaying a thing for separation. Signup and view all the answers

What is the legal implication when a river deposits soil gradually onto A’s land by alluvio?

A retains ownership of the added soil as it forms part of his land. Signup and view all the answers

In the context of accessio affecting movables, what is one major challenge that jurists face?

Consistently defining principal and accessory items. Signup and view all the answers

If A's land is flooded and becomes a part of the river, what happens to A's ownership rights?

Ownership transfers completely to the river. Signup and view all the answers

Which of the following best defines commixtio?

Mixing of properties that remain easily separable. Signup and view all the answers

What distinguishes traditio longa manu from traditio brevi manu?

Traditio brevi manu requires a verbal authorization from the transferor. Signup and view all the answers

In the case presented, who has the highest legal right to the horse?

Florus, due to his prior ownership agreement with Varro. Signup and view all the answers

What is a putative causa?

A mistaken cause for ownership transfer. Signup and view all the answers

Which type of delivery does constitutum possessorium illustrate?

Agreement to deliver while retaining possession temporarily. Signup and view all the answers

How is effective control of wild animals determined according to the rules?

By catching the animal and holding it physically. Signup and view all the answers

What does the principle of occupatio state?

The first taker of ownerless property becomes its owner. Signup and view all the answers

What is a necessary condition for a valid traditio despite existing mistakes?

Intention of both parties to pass and receive ownership. Signup and view all the answers

What was the legal stance on abandoned property according to the Sabinian view?

Ownership is lost the moment the property is abandoned. Signup and view all the answers

In the scenario with cruel Varro and Florus, what legal action can Florus take against Varro?

Actio empti. Signup and view all the answers

What legal principle is applied to enemy property captured in wartime?

It becomes the property of the first taker. Signup and view all the answers

Study Notes

Capture for Occupatio

Effective control is needed: A wild animal is captured when effectively controlled.
Res nullius status: A wild animal becomes res nullius (ownerless property) when escaping from the owner's control.
Wild animals: Birds, bees, and fish are examples of wild animals that can become res nullius.
Effective control requirements: Wounding an animal is insufficient; the person must have complete control.
Land ownership: Capturing a wild animal on another's land still grants ownership to the captor.
Animus revertendi: Animals with a habit of returning (animus revertendi) remain owned until they abandon that habit.
Animals without animus revertendi: Escaping animals without this habit become res nullius when they escape.
Liability for escaped wild animals: Owners of wild animals were strictly liable for damages caused by escaped animals, according to an aediles edict.

Accessio

Writing vs Painting: Writing on a material (e.g., parchment) is considered to accede to the material, unlike painting. The material (parchment) is viewed as the principal thing in writing.
Vindicatio application: If the owner of a material tries to claim it, the new item would simply not exist in some situations (e.g. painting). Using the item's name is a good benchmark for assessing whether accessio has occured.
Painting examples: The owner of the canvas can claim the canvas. The painter has recourse for the painting's value.
Writing examples: A restaurant owner can frame a check as a painting. The check's owner has ownership (like a painting).

Ownership and Actions in Specific Circumstances

Sewn button: The owner of the button remains the owner. The owner has an action for the button's presentation and to recover it.
Welded arm onto a statue: Welding likely creates an inseparable union. The statue owner (B) becomes the owner of the whole due to accessio. If B acted in bad faith, a theft action (actio furti) is available, but B still owns the item. Conversely, if B acted in good faith, then A has no recourse.
Sewing thread: Textura applies; the garment's owner owns the whole creation, regardless of thread ownership. If in bad faith, a theft action (actio furti) is applied; if in good faith, there's no compensation.
House built on another's land: The landowner owns the house. The builder still owns the materials but cannot reclaim them while the house stands. If building in bad faith, the builder gifts the house; if in good faith, the builder has an exceptio doli (defence of fraud).
House built on the wrong person's land: The builder owns the structure. The original material owner still holds claim to the bricks for as long as the house stands. If acted in bad faith, the original material owner can claim double the value.
Paint on a boat: The boat is the principal thing; paint accedes to the boat. Boat owner (F) owns both. If painter acted in bad faith, the paint is essentially a gift; if in good faith, compensation should be paid if painter is in possession.
Illuminated manuscript: The manuscript's owner is the paper owner (H) as the writing accedes. The writer (G) may have recourse if in good faith and possession; otherwise, no remedy. if acted in bad faith, the writing is treated as a gift to the paper owner, then no remedy.
Chair made from multiple materials: The chair is a new object from its components (specificatio). Maker (J) owns the chair regardless of original ownership of wood and cane. If in bad faith, a theft action is possible. If in good faith and in possession, the original component material owner has no remedy. Otherwise, original owner can sue for compensation.
Melted vase: Forks are a new object (specificatio). Depending on the case and its reducibility, the maker (L) could win; original owner might have recourse under specificatio depending on the view in classical law (i.e. if it is easily reducible or not).
Found gold: If treasure, ownership depends on discovery method. In early classical law, landowner (O) owns all (hidden on property). Under Justinian-law, if accidental then N and O own half; if intentional then O owns the gold.

Gin, Apples, and Theft

Stolen gin, mixed with tonic: Gin is a new object (specificatio), so the thief is the owner. Mixing with tonic creates common ownership in proportion to the values.
Stolen gin and tonic, lemon: Lemon accedes to the gin and tonic mix. Ownership is jointly held proportionally.
Stolen apples: Apples already on the ground already belong to the possessor, if that possessor is acting in good faith. If A knows they are not the owner then they do not have access to the fruits, as this would constitute misuse of property rights.
Apples and usufruct: Landowner owns the apple if the usufructuary hasn't taken possession of the fruit. The usufructuary owns the fruit only when they have gathered it, in which case a thief has no recourse over them since they are already considered to be owned by the usufructuary.
Transfer of property from initial seller to final buyer: The initial seller's title passes, but with limited rights, only bonitary ownership. Theft after subsequent transfers would have to be dealt with through ownership claims.

Traditio, Usucapio, and Causa

Traditio: No iusta causa is absolutely required in traditio. A putative causa is sufficient if transferor and transferee indicate intent to transfer ownership.
Usucapio: A reasonable claim (iusta causa) is needed for usucapio to establish the possessor's good faith.

Varied Forms of Traditio

Traditio longa manu: Transfer through indication for items too large/inconvenient for handling.
Traditio brevi manu: Transfer authorization for already-held items. This only requires transferor consent as evidence to show intention.
Constitutum possessorium: Delivery by agreement where the transferor retains temporary control. The agreement itself constitutes delivery to transfer ownership
Traditio symbolica: Recognised in later Empire (e.g., document transfer, key exchange); not recognised in classical law.

Occupatio

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Description

This quiz explores the legal concepts of capture and accessio, focusing on the ownership rights of wild animals and the implications of effective control. It covers important terms like res nullius and animus revertendi, as well as the responsibilities of owners of escaped animals. Test your understanding of these principles and their applications in property law.