Morals of the Church
Library › Prümmer, Manuale Theologiae Moralis › Volume II › Treatise XI. On The Virtue Of Justice And The Opposed Vices › Section I. On Right And On The Virtue Of Justice Itself › Question I. On Right Itself › Chapter IV. On The Modes Of Acquiring Dominion › Article I. On Occupation

Section — Prümmer, Manuale Theologiae Moralis

§ 1. On Occupation In General

40.

40. Notion. Occupation3 in general is the apprehension of a thing which belongs to no one, with the intention of acquiring it for oneself. Therefore under the name of occupation do not come thefts or robberies, because in those cases the things do not belong to no one, but their legitimate owner exists.

All admit that occupation is a legitimate mode of acquiring dominion; for by natural law things belonging to no one become the property of the first occupant, as the common adage says, to which, after the old Roman law, our civil codes expressly consent, for example those of Germany,4 Switzerland,5 and Spain,6 which nevertheless ordinarily do not admit occupation of an immovable thing, for example of some field.

The conditions required so that occupation may be a legitimate title of acquiring dominion are the following:

  1. that the thing truly belong to no one (i.e., be vacant or derelict) and be able to fall under private dominion; otherwise a real injury would be done either to the legitimate owner or at least to the community. Hence occupation is illegitimate, for example, if the owner of the thing is known, or if someone wishes to occupy a public road, since it cannot fall under private dominion;

  2. that true and real apprehension be present; nevertheless this can be physical or moral according to the nature of the thing or positive laws. Therefore the intention or desire of having the thing does not suffice;

  3. that the intention of making the thing one's own be present; whence, for example, occupation causing true dominion is not present if a rich man has thrown away a garment which another finding it wishes to return to the former owner.

Occupation chiefly has place in the occupation of animals, in the finding of treasure, and in some way also in booty to be taken during war; whence we shall treat the individual matters one by one.

3 Appropriation of ownerless things (Aneignung herrenloser Sachen).

4 § 958.

5 Art. 718.

6 Art. 610.

Occupation