A Topic of Moral Theology

Title to Property

The titles by which ownership is acquired: original acquisition and derived titles.

Within this topic

In the index as Prescription · Ownership · Occupation · Accession · Dominion · Lost things · Finding · Goods · Property · Specification · Title to property · Adjunction · Author · Birth · Confusion · Fishing · Fruits · Hunting · Planting · Possession · Sowing · Thing · Treasure · Abandoned

In the manuals

Summa of Moral Theology (Summa Theologiae Moralis)

Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter First. On Ownership, Question Third. On the Acquisition of Ownership, n. 382 — 382. Preliminary notions. 1. By a mode of acquiring ownership is understood a title or cause apt of itself to confer ownership. Five diverse modes of acquiring ownership are distinguished: occupation (invention), accessi… Read in context →

Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter First. On Ownership, Question Third. On the Acq…, Article Fourth. On Labor, nn. 397 & 398 (2 passages — hover a number to read it)

A Manual of Moral Theology for English-Speaking Countries

Vol. I, Bk. VI, Pt. VII, Div. I, Chapter IV. Title to Property, n. 1 — TITLE is a cause sufficient to confer property in a thing. There are several kinds of title, some derived from the natural law, others due to positive law, and others which have their effect from the will of private pers… Read in context →

Vol. I, Bk. VI, Pt. VII, Div. I, Ch. IV, Section I. Occupation, nn. 1, 2, 3, 4 & 5 (5 passages — hover a number to read it)

Vol. I, Bk. VI, Pt. VII, Div. I, Ch. IV, Section II. Accession, nn. 1 & 2 (2 passages — hover a number to read it)

Vol. I, Bk. VI, Pt. VII, Div. I, Ch. IV, Section III. Prescription, nn. 1, 2 & 3 (3 passages — hover a number to read it)

Moral Theology: A Complete Course (McHugh & Callan)

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Titles to Property, nn. 1872, 1873, 1874, 1875 & 1876 (5 passages — hover a number to read it)

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Vol. II, On the Seventh and Tenth P…, II. On the Modes of Acquiring Ownership by Natural Law, nn. 882–907 (26 passages)

Vol. II, On the Seventh and Tenth P…, III. On the Mode of Acquiring Ownership by Civil Law, nn. 908–930 (23 passages)

Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.

Vol. I, Treatise on Justice and Ri…, First Part. On the Nature …, Ch. II, Art. I, § III. On the Acquisition of Dominion, n. ¶1 — Dominion can chiefly be acquired: 1. by occupation; 2. by finding ; 3. by prescription; 4. by accession; 5. by contracts, concerning which it will be said in a particular Treatise. Others more commonly call finding back … Read in context →

Synopsis of Moral and Pastoral Theology

Vol. III, Contracts, and the Obligat…, On the Virtue of Justice (…, Part I — Chapter I: On the Existence of Right, n. 210 — Art. III. On the Various Modes of Acquiring Dominion.. 210. Five modes are enumerated by which dominion can be acquired: occupation, accession, hereditary succession, contract, prescription. Of these one is original, by which, namely, a thing belonging to no one, or having n… Read in context →

Theologia Moralis: Principles — Responses — Counsels

Vol. II, Bk. II, Tractate V: On Justice, Chapter IV: On the Modes of Acquiring Rights in General, nn. 386 & 387 (2 passages — hover a number to read it)

Manuale Theologiae Moralis

Vol. II, Tr. XI, Sect. I, Q. I, Chapter IV. On The Modes Of Acquiring Dominion, n. 39 — 39. Preliminary Note. A mode of acquiring dominion is understood as the title upon which the acquisition of some thing is founded. Many authors distinguish original and derivative modes of acquisition. Those modes are ca… Read in context →

Institutiones Morales Alphonsianae

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, CHAPTER III: On the Modes of Acquiring Ownership, nn. ¶1 & ¶877 (2 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. III, ARTICLE I: On Occupation, n. ¶878 — 878. Definition. Occupation is the apprehension of a thing that belongs to no one, with the mind of having it as one's own. - It is said: apprehension, i.e. real and external occupation of the thing. Division. There is d… Read in context →

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. III, Art. I, § 1. On the Occupation of Animals, nn. ¶1, ¶879, ¶880 & ¶881 (4 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. III, Art. I, § 2. On the Occupation of Things Found, nn. ¶1, ¶882, ¶883, ¶884, ¶885 & ¶886 (6 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. III, ARTICLE II: On Accession, nn. ¶887, ¶888 & ¶889 (3 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. III, ARTICLE III: On Prescription, nn. ¶890 & ¶891 (2 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. III, Art. III, § 1. On Acquisitive Prescription, nn. ¶1, ¶2, ¶3, ¶892, ¶4, ¶893, ¶5, ¶894, ¶6, ¶895, ¶896, ¶7, ¶897 & ¶898 (14 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. I, Ch. III, Art. III, § 2. On Liberative Prescription, nn. ¶899, ¶900 & ¶901 (3 passages — hover a number to read it)

Theologia Moralis Sancti Alphonsi: Reduced into a Compendium

Vol. I, TREATISE ON RIGHT AND JUST…, FIRST PART: ON THE NATURE …, Ch. II, Art. I, § III. On the acquisition of dominion, n. ¶1 — The fact by which dominion is justly acquired is called a mode of acquiring, and indeed original if the thing which is acquired by that fact was no one's at the time of acquisition; but derivative if at that time it was … Read in context →

Summa Theologiae Moralis

Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, First Part: On Justice in …, Ch. II, Question Five: On the Acquisition of Right and Dominion, nn. 201 & 202 (8 passages — hover a number to read it)

Summa Summae S. Thomae (Billuart)

Billuart, Summa Summae, Tomus III. On the Secunda …, On Right and Justice, On the Ways of Acquiring Ownership, n. 1 — Things, with respect to dominion, are of two kinds. Some are appropriated, that is, they have a proper and determinate dominion. Some are common or quasi-common, namely such as are held to have no lord of themselves, as … Read in context →

Christian Theology, Dogmatic and Moral, in Compendium

Diss. I, Chapter V — On the dominion of things found, and of those things which accrue by force of alluvion or in another manner; and on prescription, nn. I–XVII (17 passages)

Cases of Conscience for English-Speaking Countries, Volume I

Slater, Cases I, The Seventh Commandment—Ju…, Case 5. Title by Finding, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7, ¶8, ¶9 & ¶10 (10 passages — hover a number to read it)

A Brief Text-Book of Moral Philosophy

Chapter V: Rights of Ownership in Material Property, nn. 171, ¶347, ¶348, 172, ¶350, ¶351, 173, ¶353, ¶354, 174, ¶356, ¶357, 175, 176, 177, 178, ¶362, ¶363, 179, ¶365, ¶366, ¶367, 182, ¶371, ¶372, ¶373, ¶374 & ¶375 (28 passages — hover a number to read it)

Questions of Moral Theology

Slater, Questions, Ownership and Railway Fares, nn. ¶128, ¶129, ¶130, ¶131, ¶132, ¶134, ¶135, ¶136, ¶137, ¶138, ¶139, ¶140, ¶141, ¶142, ¶143, ¶144, ¶145 & ¶146 (18 passages — hover a number to read it)

The Liber Sextus of Boniface VIII

Bk. II, Title XIII: On Prescriptions, cc. 1 & 2 (2 passages — hover a number to read it)

The Decretals of Gregory IX (Liber Extra)

Bk. II, Title XXVI: On Prescriptions, cc. 1–20 (20 passages)

Manual of Moral Theology (Manuale Theologiae Moralis)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. III, Section II. On Cessation from Servile Works, n. 705 — I. Object of the precept. On feasts of precept the following are prohibited: 1. forensic acts; 2. unless legitimate customs or particular indults provide otherwise, public market, fairs, and other public sales and purcha… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § III, Point I. On Occupation, nn. 789 & 790 (2 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § III, Point I, I. On the Occupation of Animals, nn. 791, 792, 793 & 794 (4 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § III, Point I, II. On the Occupation of Treasure, nn. 795 & 796 (2 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § III, Point I, III. On the Occupation of Lost Things, nn. 797 & 798 (2 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § III, Point III. On Accession, nn. 803 & 804 (2 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § III, Point IV, I. On Prescription Generally, nn. 805, 806 & 807 (3 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § III, Point IV, II. On Acquisitive Prescription, n. 808 — For acquisitive prescription there are required: a prescriptible thing, possession prescribed by law, a just title, good faith, and the time established by law (St. Alphonsus, III, 504). I. A prescriptible thing. All thi… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § III, Point IV, III. On Liberative Prescription, nn. 809 & 810 (2 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § III, Point IV, Scholion. On Prescription for Ecclesiastical Goods, n. 811 — I. The Church recognizes prescription as a mode of acquiring ecclesiastical goods and of liberating oneself from a debt arising either from a disposition of ecclesiastical authority or from a contract entered concerning … Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. II, Ch. II, Art. I, Obligation, and Titles of Restitution, n. 981 — III. Titles of restitution, that is, the reasons or roots from which the obligation of restitution arises, are: 1° another's thing materially unjustly possessed; 2° another's thing formally unjustly accepted; 3° mere dam… Read in context →

Vol. I, Bk. II, Tr. II, Diss. III, Pt. II, Sect. II, Ch. I, Article II. On Negative Duties, n. 1174 — V. Hunting. They should not indulge in hunting, and should never exercise noisy hunting (can. 138). Hunting - by which bird-catching is also comprehended - is distinguished as twofold, noisy and quiet. Noisy hunting is t… Read in context →

Vol. II, Bk. III, Tr. VII, Diss. III, Pt. III, Sect. II, Chapter I. On the Positive Requisites, n. 618 — X. Canonical title, if it is a question of major Orders. A title of support is understood, that is, a guarantee by which provision is made for the suitable and of itself perpetual support of the ordinand. It is required,… Read in context →

Cases of Conscience, Proposed by Cardinal de Lugo, by Fr. Beniamino Elbel, by Fr. Ioannes Petrus Gury and by Other Authors, and Resolved (Casus conscientiae)

68. On Occupation, nn. 1, 2, 3, 4, 5, 6 & 7 (16 passages — hover a number to read it)

68. On Accession, nn. 1, 2, 3 & 4 (14 passages — hover a number to read it)

69. On Prescription, nn. 1, 2, 3, 4, 5, 6 & 7 (23 passages — hover a number to read it)

Compendium of Moral Theology

Vol. I, Tr. VIII, Pt. I, Ch. II, Art. I, § III. On the Acquisition of Dominion, nn. ¶1, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 375, Q. 2 & 376–397 (35 passages — hover a number to read it)

Palladium Theologicum, Tome V: On the Virtues

Tr. I, Disputation XXIV: On Resti…, Q. V, Subquestion II: What thing…, Doubt III: When things acquired by prescription are to be restored, nn. 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10 (10 passages — hover a number to read it)

Tr. I, Disputation XXIV: On Resti…, Q. V, Subquestion II: What thing…, Doubt VI: When things acquired by fowling, fishing, and hunting are to be restored, nn. 1, 2, 3, 4, 5 & 6 (6 passages — hover a number to read it)

Tr. I, Disputation XXIV: On Resti…, Q. V, Subquestion II: What thing…, Doubt IX: What is to be restored by reason of finding, nn. 1–35 (35 passages)

Treated under the broader heading Ownership and Property — Rickaby, Moral Philosophy · The Casuist · 1917 Code of Canon Law — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)