Acquisition of ownership by original acquisition

Question 1

What is Occupatio?

Answer 1

It is the acquisition of ownership of a thing which has no owner (res nulls) by taking possession of it

Question 2

What is a res nullius?

Answer 2

A Res Nullius is something that may never have an owner or are abandoned by the owner

Question 3

What are examples of res nullius?

Answer 3

Common examples are wild animals (most common) and abandoned property

Question 4

How is acquisition of ownership maintained through Occupatio?

Answer 4

Acquisition of ownership is maintained as long as possession of the res nullius is maintained

Question 5

how can ownership be maintained of the res nullius?

Answer 5

ownership can be maintained if a wild animal lives on your land and has an intention of returning back ‘ habit of returning’

Question 6

how can ownership of a wild animal be lost?

Answer 6

ownership can be lost if the wild animal living on your land loses its intention to return.

Question 7

What is Accessio?

Answer 7

Accessio is a means of acquiring ownership of something that belongs to another by its incorporation it belongs to me

Question 8

If the identity of one thing (the accessory) is merged and lost in the identity of the other (the principal) who becomes the owner?

Answer 8

The owner of the principal becomes the owner of the whole through accessio

Question 9

What happens if through accessio there is no merge of identity but the identity of the whole is the same as each of the component things?

Answer 9

The ownership is therefor joint

Question 10

What is the main law with accessio of moveables to land?

Answer 10

if for example your tree is planted in my land it becomes mine when it takes root

Question 11

once a building is acceded to the land can the owner of the materials claim his materials back?

Answer 11

no, as he is debarred from claiming materials (by twelve tables)
-he must wait until house falls or voluntarily put down to bring a vindicatio

Question 12

For example A fixes handle to B’s cup, knowing it to be B’s handle, what is the issue here?

Answer 12

Since A acted in bad faith, this is a delict of theft and therefore B can claim compensation as well as a penalty.

Question 13

Another example is when B (former owner of handle) is in possession of the whole.
A owns the thing as a whole and brings vindicatio to it, what can B do?

Answer 13

B is allowed to plead in defence (by exceptio doli)
-Even if A acted in good faith, he ought to pay compensation for what he has acquired

Question 14

What happens in the another example if A does not pay compensation?

Answer 14

then he will fail in vindicatio

Question 15

What is specificatio?

Answer 15

Specificatio is a means of acquiring ownership of something that belongs to another by making a new thing from property belonging partly or wholly to the other

Question 16

What is a new thing?

Answer 16

it is a nova species

Question 17

With Specificatio what happens if there is an agreement?

Answer 17

is there is an agreement, then the question of ownership is easy as A and b would have become joint owners

Question 18

Through Specificatio A makes Wine with B’s honey into mead,without B’s consent who is the owner of the new thing?

Answer 18

through specificatio ownership is given to the maker of the new thing if it cannot be restored to its former state

Question 19

What are examples of natural fruits through acquisition of fruits?

Answer 19

natural fruit examples are things like an apple from a tree or a lamb from a sheep

Question 20

what are examples of civil fruits through acquisition of fruits?

Answer 20

like for example the rent from a piece of property

Question 21

what is the right of civil fruits a matter of?

Answer 21

it is a matter of the law of contracts