Law of Capture and Accessio

For something to be considered "captured" for the purposes of occupation, it must be under effective control. Something is under effective control when it is impossible for it to escape without human intervention.

A wild animal becomes a res nullius (a thing belonging to no one) when it escapes from the control of its owner.

When writing is added to a material, it becomes part of that material because the writing does not dominate the object visually. The material remains the principal item.

When painting is applied to a material, it does not become part of the material because the painting dominates in a visual sense. The painting therefore becomes the principal item.

If a person uses another's metal to weld an arm onto a statue, the metal becomes part of the statue as it is inseparable from it. The person who welded the statue becomes the owner of the whole thing.

If a person uses thread belonging to another to sew into a garment, the thread becomes part of the garment. The person who owns the garment becomes the owner of the whole thing.

If a person builds a house out of their own bricks on land that belongs to someone else, the landowner becomes the owner of the house due to the principle of accessio.

A person who builds a house on land they possess but which belongs to someone else will not be able to reclaim their bricks while the house is standing because the landowner owns the house.

The owner of a building constructed on their own land retains ownership, even if the bricks used were unknowingly taken from another.

The person who builds a new item (nova species) from materials they own and materials from someone else becomes the owner of the new item, as long as they're acting in good faith.

A person who finds treasure on another's property might not be able to claim ownership of the treasure, depending on the circumstances.

A person who steals a thing and uses it to make a new item (nova species) is considered the owner through specificatio, because the thing is now irreducible to its original form.

If a fruit falls from a tree and is on the ground, the bona fide possessor of the land owns the fruit through separatio, but this ownership ends if the possessor discovers they are not the true owner.

If you have a usufruct over land, you don't own the fruits of the land, but you own the fruits if you have picked them yourself.

Traditio of res mancipi only provided the transferee with bonitary ownership, not full dominium.

A iusta causa was required for both usucapio and traditio, but it served different purposes. In usucapio, it demonstrated bona fides, while in traditio, it reflected the intention of the parties regarding ownership transfer.

The debate over the function of iusta causa in Roman law revolved around whether it required actual or putative causa, with Julian and Ulpian offering contrasting views.

The concept of a legal cause (iusta causa) is fundamental in Roman law, as it determines how ownership is acquired and justifies the transfer of property.

A mistaken causa (reason for transfer) is a situation where parties believe they are passing ownership for a reason that is later found to be incorrect.

Traditio Longa Manu is a type of delivery where the property is indicated or pointed at, even though it can't be physically moved.

Traditio Brevi Manu occurs when ownership is passed while the recipient already has physical control.

Constitutum Possessorium is a type of delivery where the seller retains temporary possession of the property even though ownership is transferred.

Occupatio is the principle that the first person to take possession of an ownerless thing becomes its owner.

A wild animal becomes the property of the person who gains effective control of it. This doesn't mean just wounding it; it requires full control.

Animals that have a habit of returning to their owner, like a pet dog, only cease to be owned when they lose this habit.

Bees are considered owned as long as they are in sight and can be easily retrieved, even if they fly away from their hive.

Enemy property captured within Roman territory during wartime becomes the property of the first one to take it.

Abandoned property becomes ownerless and can be claimed by the first person to take possession with the intention of owning it.

A principle where the ownership of a new object is acquired when a new thing is created from someone else's materials. For example, if wine is made from grapes owned by someone else, the wine maker owns the wine.

Fruits are natural fruits (like apples) and civil fruits (like rent). Ownership of natural fruits is acquired by separation (cutting them off the tree) or gathering. Ownership of civil fruits is acquired by tradition.

If a person in possession of a property believes they own it, they are entitled to the fruits that come from the property. If later it is discovered that the person does not own the property, they lose the right to the fruits.

A form of legal protection in Roman law that allows a person to gain ownership of a property by possessing it for a certain period of time, provided that they have a good reason to believe that they have a right to the property. For example, someone might be in possession of a piece of land because they inherited it or because they bought it, even if these claims were actually false.

A long-term possession rule introduced in 200 AD, akin to usucapio, where a person could lose their right to possess if another party can prove they have an older claim to the property.

The process where one thing becomes permanently attached to another, resulting in the owner of the principal thing gaining ownership of the whole

The thing that is incorporated into another, becoming part of the principal thing

The main thing in an accession, absorbing the accessory thing

When things from different owners are mixed together but can easily be separated. If done by agreement, ownership becomes shared.

When things from different owners are mixed together and cannot easily be separated. Ownership is shared in proportion to the value of each contribution.

Anything attached to the land becomes part of the land. The landowner owns the building, even if they didn't provide the materials.

If materials are stolen to build on someone else's land, the landowner owns the building, but the original owner can reclaim their materials.

Seeds planted on someone else's land become the landowner's property. If the planter was in good faith, they may be able to claim the value of the seeds.

Land being gradually added to a property by natural river processes.

Incorporating an object belonging to one party with the object of another.