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Home - LONANG Library - Hugo Grotius - Law of War and Peace
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BOOK 2, CHAPTER 8On Acquisitions Commonly Said to Be by the Law of NationsI. That many rights are said to have their origin in the law of nations, of which, if we speak accurately, this is not true.II. That fish in ponds and wild animals confined in parks are private property according to the law of nature, contrary to the ruling of the Roman law.III. That wild beasts, even if they have escaped, are none the less the property of those who captured them, if they can be properly identified.IV. Whether possession may be acquired with the help of appliances, and how?V. That it is not contrary to the law of nations that wild creatures should be the property of kings.VI. How the possession of other things lacking an owner may be acquired.VII. To whom a treasure-trove naturally falls; the diversity of the laws on this subject.VIII. That the regulations of the Roman law regarding islands and alluvial deposits belong neither to the law of nature nor to the law of nations.IX. That by the law of nature an island in a river and a dried out bed belong to the one who owned the river or the part of the river, that is, to the people.X. That by the law of nature in an inundation the ownership of the land is not lost.XI. That in cases of doubt alluvial deposits also belong to the people.XII. But that such alluvial deposits seem to be conceded to those whose lands have no other boundary than the river.XIII. That the same opinion is to be held in regard to a bank abandoned by a river, and a part of the bed that has dried out.XIV. What is to be considered alluvial deposit and what an island.XV. When alluvial deposits belong to vassals.XVI. Answer to the arguments by which the Roman jurists defend their law as the law of nature.XVII. Naturally a road prevents gain by alluvial addition.XVIII. That it is not according to nature that the ownership of the offspring should be determined from the mother alone.XIX. That according to nature a thing fashioned out of another's material becomes common property in the same manner as in the intermingling of properties.XX. The principle stated holds true even if the material has been intentionally injured.XXI. That it is not natural that a thing of less value should be absorbed by one of greater worth on account of superiority in value. Here also errors of the Roman jurists are noted.XXII. That by planting, sowing, or building on another's ground a community of ownership naturally is produced.XXIII. That in community of ownership a person who merely has possession of a thing is not entitled to the income of it, but can charge for expenses incurred.XXIV. The same right holds even if possession has been obtained fraudulently.XXV. That actual delivery is not required naturally in order to establish transfer of ownership.XXVI. The application of what has thus far been said. |
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