''Occupatio'' (occupation) was an original method of acquiring ownership of un-owned property (''
res nullius
''Res nullius'' is a doctrine.Johnston. The International Law of Fisheries. 1987p 309 The expression "res nullius" (lit: ''nobody's thing'') is a Latin term derived from private Roman law whereby ''res'' (an object in the legal sense, anything ...
'') by occupying with intent to own.
Roman legal writings on acquisition by ''occupatio''
Nicholas argues this is the "archetype" of all other Roman law methods of original acquisition. According to the Roman jurist
Gaius
Gaius, sometimes spelled ''Gajus'', Kaius, Cajus, Caius, was a common Latin praenomen; see Gaius (praenomen).
People
* Gaius (jurist) (), Roman jurist
*Gaius Acilius
*Gaius Antonius
*Gaius Antonius Hybrida
*Gaius Asinius Gallus
*Gaius Asinius P ...
, any previously unowned thing becomes the just property of the first occupant able to "capture" it:
Abandoned goods (''
res derelictae'') was also ''res nullius'' and subject to acquirement through ''occupatio''. Land, however, was excluded and could not be acquired using ''occupatio''.
''Occupatio'' in the modern world
The Roman law ''occupatio'' has continued relevance in present times, partly due to its adoption by legal systems across Europe, Africa and North America. It is also used in
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
.
Domestic legal systems
Legal systems across the modern world continue to employ a form of ''occupatio''. A full discussion of each legal system is outwith the discussion of this article but see:
South African property law
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African ...
,
civilian property law,
Scots Law,
Occupatio (Scots law).
International law
International law adopts much of Roman property law in regards to
acquisition of sovereignty
A number of methods of acquisition of sovereignty are or have been recognised by international law as lawful methods by which a state may acquire sovereignty over territory. International law adopts much of Roman property law in regards to acquis ...
due to the European nature of early European discovery voyages such as
Christopher Columbus
Christopher Columbus
* lij, Cristoffa C(or)ombo
* es, link=no, Cristóbal Colón
* pt, Cristóvão Colombo
* ca, Cristòfor (or )
* la, Christophorus Columbus. (; born between 25 August and 31 October 1451, died 20 May 1506) was a ...
. ''Occupatio'' was later employed under
public international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
as the basis of acquisition of states ownership of vacant territory (often including land already possessed by indigenous populations). An example of ''occupatio'' under international law is the United Kingdom's acquisition of ownership of
Rockall
Rockall () is an uninhabitable granite islet situated in the North Atlantic Ocean. The United Kingdom claims that Rockall lies within its exclusive economic zone (EEZ) and is part of its territory, but this claim is not recognised by Ireland. ...
in the North Atlantic Ocean by the
Island of Rockall Act 1972
The Island of Rockall Act 1972 (c. 2) is a British Act of Parliament formally incorporating the island of Rockall into the United Kingdom to protect it from Irish and Icelandic claims. The Act as originally passed declared that the Island of Roc ...
.
[J J Rankin "Life on Rockall" ''1985 SLT (News) 321'']
See also
*
Adverse possession
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Anglo-American common law under which a person who does not have legal title to a piece of property—usually land ( real property)—ma ...
*
Usucapio ''Usucapio'' was a concept in Roman law that dealt with the acquisition of ownership of something through possession. It was subsequently developed as a principle of civil law systems, usucaption. It is similar to the common law concept of adverse p ...
*
Homestead principle
*
Squatting
*
Terra nullius
''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land".
It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it.
:
:
...
*
Acquisition of Sovereignty
A number of methods of acquisition of sovereignty are or have been recognised by international law as lawful methods by which a state may acquire sovereignty over territory. International law adopts much of Roman property law in regards to acquis ...
References
Roman law
International law
Sovereignty
Aboriginal title
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