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Home - LONANG Library - Hugo Grotius - Law of War and Peace
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BOOK 2, CHAPTER 4On Assumed Abandonment of Ownership and Occupation Consequent ThereonI. Why ownership by usucaption or by prescription properly so called does not occur between states or their rulers.II. That nevertheless possession of long standing is wont to be urged as a right even between states or rulers.III. The question is decided according to presumptions of human intent; and these presumptions are not based on words alone.IV. But such presumptions are based also on acts.V. Such presumptions are based also on things not done.VI. How length of time together with non-possession and silence amounts to an abandonment of right.VII. Time exceeding the memory of man ordinarily suffices for such a presumption; of what sort such time is.VIII. Answer to the objection, that no one ought to be assumed to abandon his right.IX. Without such presumption it seems that by universal customary law ownership is transferred by possession exceeding the memory of man.X. Whether unborn children can in like manner be deprived of a right.XI. Even the right of sovereignty is gained by a people or king by long-standing possession.XII. Whether the civil statutes concerning ownership by usucaption and by prescription hind the one who holds sovereign power; explanation, with distinctions.XIII. Those rights of sovereignty which can he separated from it, or shared with others, are gained and lost by right of ownership based on usucaption or on prescription.XIV. Refutation of the opinion alleging that subjects are always allowed to assert their liberty.XV. Whatever belongs to faculty pure and simple is not lost by lapse of time; explanation. |
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