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''Occupatio'' (occupation) was an original method of acquiring ownership of un-owned property (''
res nullius ''Res nullius'' is a term of Roman law meaning "things belonging to no one"; that is, property not yet the object of rights of any specific subject. A person can assume ownership of ''res nullius'' simply by taking possession of it ''( occupatio ...
'') by occupying with intent to own.


Roman legal writings on acquisition by ''occupatio''

Nicholas argues this is the "archetype" of all other Roman law methods of original acquisition. According to the Roman jurist
Gaius Gaius, sometimes spelled Caius, was a common Latin praenomen; see Gaius (praenomen). People * Gaius (biblical figure) (1st century AD) *Gaius (jurist) (), Roman jurist * Gaius Acilius * Gaius Antonius * Gaius Antonius Hybrida * Gaius Asinius Gal ...
, any previously unowned thing becomes the just property of the first occupant able to "capture" it: Abandoned goods (''
res derelictae In Roman law, ''res derelictae'' referred to property voluntarily abandoned by the owner. The dominant strand of legal thought under the Roman Empire held it to be a form of ''res nullius'', or "un-owned" property, but it was necessary to establis ...
'') was also ''res nullius'' and subject to acquirement through ''occupatio''. Land, however, was excluded and could not be acquired using ''occupatio''.


''Occupatio'' in the modern world

The Roman law ''occupatio'' has continued relevance in present times, partly due to its adoption by legal systems across Europe, Africa and North America. It is also used in
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
.


Domestic legal systems

Legal systems across the modern world continue to employ a form of ''occupatio''. A full discussion of each legal system is outside the scope of this article, see:
South African property law South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African ...
, civilian property law,
Scots Law Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different histori ...
,
Occupatio (Scots law) ''Occupatio'' or occupation is a method of original acquisition of property in Scots law. It derives from the Roman law concept of the same name. Occupatio allows an occupier of an object (''res'') with the intention to own the property to become ...
.


International law

International law adopts much of Roman property law in regards to
acquisition of sovereignty A number of methods of acquisition of sovereignty are or have been recognised by international law as lawful methods by which a state may acquire sovereignty over territory. International law adopts much of Roman property law in regards to acquisi ...
due to the European nature of early European discovery voyages such as
Christopher Columbus Christopher Columbus (; between 25 August and 31 October 1451 – 20 May 1506) was an Italians, Italian explorer and navigator from the Republic of Genoa who completed Voyages of Christopher Columbus, four Spanish-based voyages across the At ...
. ''Occupatio'' was later employed under
public international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
as the basis of acquisition of states ownership of vacant territory (often including land already possessed by indigenous populations). An example of ''occupatio'' under international law is the United Kingdom's acquisition of ownership of
Rockall Rockall () is a high, uninhabitable granite islet in the North Atlantic Ocean. It is west of Soay, St Kilda, Scotland; northwest of Tory Island, Ireland; and south of Iceland. The nearest permanently inhabited place is North Uist, east in ...
in the North Atlantic Ocean by the
Island of Rockall Act 1972 The Island of Rockall Act 1972 (c. 2) is a British act of Parliament formally incorporating the island of Rockall into the United Kingdom to protect it from Irish and Icelandic claims. The act as originally passed declared that the Island of R ...
.J J Rankin "Life on Rockall" ''1985 SLT (News) 321''


See also

*
Adverse possession Adverse possession in common law, and the related civil law (legal system), civil law concept of usucaption (also ''acquisitive prescription'' or ''prescriptive acquisition''), are legal mechanisms under which a person who does not have title (p ...
*
Usucapio ''Usucapio'' was a concept in Roman law that dealt with the acquisition of ownership of something through possession. It was subsequently developed as a principle of civil law systems, usucaption. It is similar to the common law concept of adverse ...
*
Homestead principle The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use (as with using i ...
*
Squatting Squatting is the action of occupying an abandoned or unoccupied area of land or a building (usually residential) that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there wer ...
*
Terra nullius ''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land". Since the nineteenth century it has occasionally been used in international law as a principle to justify claims that territory may be acquired ...
*
Acquisition of Sovereignty A number of methods of acquisition of sovereignty are or have been recognised by international law as lawful methods by which a state may acquire sovereignty over territory. International law adopts much of Roman property law in regards to acquisi ...


References

Roman law International law Sovereignty Aboriginal title {{Vocab-stub