Subquestion — Bontempi, Palladium Theologicum V · from Schola Thomistica
Subquestion II: What things are to be restored by reason of the manner in which they were acquired
We have TREATED of goods to be restored insofar as they are considered in themselves; now we must consider those which are unjustly acquired, or possessed under an unjust title. For some are acquired by contracts, in which forms are prescribed which no one can transgress either licitly or validly; and to these contracts persons who are suitable, or capable, are supposed, while others are declared incapable by law. Others are possessed by donation, which likewise has its own rules if it is to be valid. Many things pass into another's ownership by title of prescription, but for this the laws require various conditions, as I shall weigh below. Certain things are given by title of payment for the function of an office, or for meretricious prostitution. Some also, by fowling, hunting, fishing, the use of common things, illicit games, and lastly by unexpected discovery, are taken into the possession and ownership of one person; of these the laws make various determinations. In the following Doubts we must inquire whether, how, and when these things ought to be restored to their proper Owners.
Quae res sint restituendae ratione modi, quo fuerunt acquisitae
ACTUM est de bonis restituendis, quatenus in se ipsis considerantur; nunc videndum est de iis, prout inique acquiruntur, seu iniusto titulo possidentur; alia enim contractibus acquiruntur, in quibus formae, quas nec licite, nec valide potest quis transgredi, praescribuntur; his etiam contractibus personae habiles, seu capaces supponuntur; aliae inhabiles a lege declarantur. Alia possidentur donatione; quae suas etiam habet regulas, ut valida sit: Multa titulo praescriptionis in alterius Dominium abeunt; sed ad hanc leges varias conditiones requirunt, ut infra expendam: Quaedam titulo mercedis ratione functionis officii, aut prostitutionis meretriciae intuitu dantur; nonnulla quoque Aucupio, Venatione, Piscatione, rerum communium usu, Ludis illicitis, ac denique insperata inventione in unius possessionem, et dominium adsciscuntur; de quibus leges varia statuunt; de his per sequentes Dubitationes inquirendum; an, quomodo, et quando debeant propriis Dominis restitui.
Within this subquestion
- Doubt I: When a thing acquired by contract is to be restored
- Doubt II: When things acquired by donation ought to be restored
- Doubt III: When things acquired by prescription are to be restored
- Doubt IV: When a thing acquired as wages for discharging an office is to be restored
- Doubt V: Whether the wages of harlotry are to be restored
- Doubt VI: When things acquired by fowling, fishing, and hunting are to be restored
- Doubt VII: When things acquired by the use of common things are to be restored
- Doubt VIII: Whether things acquired in illicit games are to be restored
- Doubt IX: What is to be restored by reason of finding