Legal Principles of Capture and Accessio

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Questions and Answers

What constitutes capture for occupatio?

The animal's presence on one's property

Owning a leash for the animal

Merely finding an animal in the wild

Effective control over a wild animal (correct)

When does a wild animal become res nullius?

When it is captured by a hunter

When it is spotted in the wild

When it escapes from the control of the owner (correct)

When it is born in captivity

Why do written words but not paintings accede to the material they are on?

Words do not dominate visually over the medium (correct)

Paintings have no legal standing

Written content is more valuable than visual content

Paintings are considered temporary

What is the outcome when B sews a button belonging to A onto his coat?

No accessio occurs; A retains ownership Signup and view all the answers

What happens when B uses A's metal to weld an arm onto his statue?

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

In the case of using A's thread to sew into his garment, what is the ruling?

B owns the whole garment after sewing Signup and view all the answers

What is the fate of A's bricks when he builds a house on land that belongs to B?

B becomes the owner of the bricks and house Signup and view all the answers

If A builds in bad faith on B's land, what happens to the house?

A is deemed to have gifted the house to B Signup and view all the answers

What is the primary difference between Julian's view and Ulpian's view regarding iusta causa?

Ulpian dismisses Julian's view, arguing that iusta causa is unnecessary for traditio. Signup and view all the answers

What does the term 'putative causa' refer to?

A mistaken causa. Signup and view all the answers

In the scenario where Varro sold the horse to Quietus, what legal action can Florus take to reclaim the horse?

Florus can bring a vindicatio against Quietus. Signup and view all the answers

How does traditio longa manu differ from traditio brevi manu?

Longa manu indicates control through sight, while brevi manu is when the transferee already has control. Signup and view all the answers

Which scenario demonstrates constitutum possessorium?

A seller agrees to sell a dog but keeps it until the buyer is ready. Signup and view all the answers

What is NOT a characteristic of traditio symbolica?

It involves physically handing over an item. Signup and view all the answers

What is the required intention for a valid traditio in cases of mistaken causa?

Both parties must intend to pass and receive ownership. Signup and view all the answers

In the context of traditio, what does the term 'traditio brevi manu' imply?

The transferee gains ownership through verbal consent only. Signup and view all the answers

What can A raise as a defense if he acted in good faith regarding property belonging to B?

Exceptio doli Signup and view all the answers

If C built a house on his own land using bricks belonging to D, who owns the house?

C Signup and view all the answers

What remedy does D have against C if C built a house using stolen materials?

Actio de tigno iniucto Signup and view all the answers

What happens to the paint when E paints F’s boat?

The paint becomes F's property Signup and view all the answers

If G produced a manuscript on H's paper, who owns the manuscript?

H Signup and view all the answers

What is the legal status of the chair made by J from his own wood and cane belonging to K if J acted in good faith?

J is the undisputed owner of the chair Signup and view all the answers

If L melts down M's silver vase to create forks, who owns the forks?

L Signup and view all the answers

If N finds gold on O's land without knowing it was lost, what do we presume about the gold?

It belongs to O completely Signup and view all the answers

What must A do if they realize they do not own the orchard from which apples were taken?

Return the apples to D Signup and view all the answers

What is the effect of A's bonafide possession of fallen apples?

A owns them through separatio Signup and view all the answers

Which principle is applied when making a chair out of different materials from different owners?

Specificatio Signup and view all the answers

In a scenario where several parties have stolen ingredients for gin, what is true about the end product?

It is a nova species owned entirely by B Signup and view all the answers

What happens if E, who painted F’s boat, acted in bad faith?

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

What is the impact of traditio in respect of res mancipi?

It gives only bonitary ownership Signup and view all the answers

Study Notes

Capture for Occupatio

Effective control is capture: A wild animal is considered captured when effectively controlled.
Res nullius: A wild animal becomes "res nullius" (belonging to no one) when it escapes the owner's control.

Accessio

Principle of Accessio: Objects that are affixed to another object (typically inseparable) generally accede to the principal object.
Writing vs. Painting: Writing on a parchment doesn't override the parchment's primary significance. Painting on a canvas, however, might lead to a dispute; the owner can claim the canvas while the painter can claim compensation for the painting itself.
Name as a Factor: Key factor differentiating ownership in accessions; if something would be named differently after combination, it can constitute as a separate ownership.
Examples: Restaurant owner who frames a celebrity's check. A specific scenario comparing a celebrity signature/writing to a celebrity painting/artwork.
Good/Bad Faith: The owner of the object gains ownership in good faith, but in bad faith, the owner of the principal object can sue for theft.

Ownership in Specific Circumstances

Sewn Button: The original owner retains ownership. The original owner has an action to present the button and reclaim it.
Welded Metal: Metal accedes to the statue, and the statue's owner (using the metal) gains ownership of the combined object.
Sewn Thread: The garment's owner gains ownership of the whole garment. Actions for theft may be available depending on the circumstances.
House on Another's Land: The landowner owns the house; the builder retained ownership of the bricks, except if built in bad faith in which case a gift of the house is implied.
House on One's Land (with the materials belonging to someone else): The builder gains ownership of the whole house, but materials owner has rights; in bad faith, an action for double the material value might be used.
Paint on a Boat: The paint accedes to the boat making the original boat owner the owner of the composite. If bad faith, a gift of the paint is applied, but good faith owner may receive compensation if out of possession.
Writing on Paper: The writing accedes to the paper, which means the paper owner is the owner of the whole object. Good faith compensations are available based on possession and actions taken.

Specificatio

Chair Made of Wood and Cane: The maker is the owner of the chair in specificatio. Good/bad faith applies in the similar way as before.
Melted Silver Vase for Forks: The maker gains ownership of the forks. Whether the object can be reduced easily or not is crucial to a legal determination of ownership. A significant debate exists regarding reducibility, with various schools of thought.

Finding Gold (and Treasure)

Treasure vs. Lost Object: Whether the gold is treasure (hidden, long-lost property) is crucial. If it is not determined to be treasure but rather a lost object, ownership depends on intent and whether the gold was found hidden or not.
Ownership of Treasure: Early Roman Law had the landowner as the sole heir of a treasure. Under Justinian law, if found accidentally, the finder and owner share the treasure, and if found with intent, the owner has the whole treasure.

Chain of Theft

Ownership Through Mixing: Wine, tonic, lemon slice: ownership of the composite is owned in common.
Apples Stolen from Orchard: Good faith possessor of the land owns fallen apples.
Usufruct and Stolen Apples: The original lander owns the fruits, since the usufructuary hasn't yet gathered the apples.
If Usufructuary Gathers Apples: The usufructuary would own the apples.

Transfer of Ownership of Res Mancipi

Traditio of Res Mancipi: Traditio alone doesn't transfer full ownership of res mancipi - the process is more involved, requiring certain formal procedures.

Usucapio and Traditio

Causa in Usucapio and Traditio: An iusta causa is needed for both; the intention was different. In usucapio, it establishes subjective good faith. In traditio, it establishes the intention of the parties to transfer ownership. Sometimes a mistaken cause (putative causa) is sufficient for traditio.

Putative Causa

Putative Causa: A mistaken cause for a transaction.
Sufficiency: A mistaken cause in traditio, provided both parties intend the transfer, doesn't invalidate the transfer.

Sale with Reservation of Use

Constitutum Possessorium: In sale with temporary use held by the vendor, the buyer is deemed effective owner as per constitutum possessorium. If seller sells to a bonafide purchaser, original buyer has an action against the dishonest seller but can also bring a case against the new owner.

Types of Traditio

Longa Manu: Delivery by pointing to/indicating the object (land)
Brevi Manu: Transferor authorizes the transferee's existing control
Constitutum Possessorium: Transferor retains temporary control, but ownership transferred.
Symbolica: Symbolic delivery (e.g., keys) recognized in later Roman law.

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Description

This quiz explores the legal concepts of capture and accessio, focusing on ownership rights over wild animals and objects affixed to others. Understand the principles governing control, ownership, and disputes in these contexts through various examples. Test your knowledge of how these principles apply in practical scenarios.