The Bering Sea Arbitration
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| Partner: | buecher.de |
| Hersteller: | Forgotten Books (Welling, James C.) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from The Bering Sea Arbitration: Or "Pelagic Sealing" Juridically Considered According to a Particular Analogy of Municipal Law In the primeval state of man property is supposed to have begun with the occupation of things for man´s personal use. The Roman Law of Occupation was at once very simple and very strict. Wild animals, as being in their natural state res nullius, were held to be convertible into property by occupation.; and this for the sufficient reason that what belonged to nobody could be made to belong to anybody who took it. Not, indeed, that mere taking gave ownership or value, but that it was only by the instrument of occupation, to the ends of possession, that wild animals could be made serviceable, and therefore valuable, to man. Hence, in enunciating the maxim of the Civil Law, res nullius occupanti conceditur, we must emphasize equally each word in the sentence. In consistency with this maxim, it was held in early Roman Law that the right of occupation which attached to wild animals was a pure ius hominis, belonging to any man who captured them, anywhere, for his personal benefit, and not an ius dominii resulting from ownership of the soil on which the wild animals were found. The owner of the soil had, indeed, a right to prohibit the entrance of a huntsman on his farm, but he could not claim the wild game which was killed or captured on his premises, even when the killing or capture was effected in violation of his interdict. His remedy was to sue for trespass. Yet as the land-owner, by his interdict, could maintain, de facto, the exclusive privilege of hunting on his own grounds, the game found on his soil could be placed practically at his exclusive command. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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