Chapter IV: On the Modes of Acquiring Rights in General

I. What They Are. Modes of acquiring rights are the proximate causes of property, whether of a thing or of a right.

II. How many they are. 1. Some modes are original or originary, others derivative. Derivative modes contain formal succession into another's right; while through original modes a thing (or right) is possessed for the first time or quasi-first time. For the first time, when a thing which belonged to no one becomes someone's; quasi-first time, when a thing which was situated in someone's dominion is acquired by another through a title or cause in no way connected with the prior right. Thus by the original mode of usucaption a thing of another is procured.

Succession itself is universal or particular, according as it affects either the whole patrimony or a part of it, or a particular thing.

2. Some modes are natural, which have force from nature itself, as true occupation and donation; others civil, which have force from law, as treasure, and, as most hold, prescription. In another use, as many modes of acquiring as are sanctioned by civil law can be called civil. For the most part the mode of acquiring is of mixed origin, insofar as a natural mode is sanctioned by law, as for example occupation, to which of itself something is lacking. The contract itself is a mixed mode. Since by law you can hold a thing either as quasi-first or as quasi received from another (succession from law), law, for various causes, is numbered among original or derivative titles.

The modes of acquiring are occupation and treasure, accession, prescription, contract, inheritance, testament. To these, as causes of rights, there accede offices and delicts or quasi-delicts.

General Notions. Modes of acquiring, or proximate causes of property: a) some are original, by which things are possessed for the first or quasi-first time; others derivative, by which one formally succeeds into another's right. Succession is universal if it affects a patrimony or its aliquot part; it is particular if it affects a thing as particular;

b) Some are natural, which have force from nature itself, as true occupation and donation; others civil, which have force from law, as treasure and prescription; although all modes of acquiring, sanctioned by positive law, can be called civil. Most are mixed: thus contracts themselves. Besides these, causes of rights are offices, delicts, and quasi-delicts.