Bifalgorithm post · Property · speaking of occupancy, proceeds thus: “Requiritur

Occupancy Definition

Occupancy Definition (Property · speaking of occupancy, proceeds thus: “Requiritur) — "177 autem corporalis quaedam possessio ad dominium adipiscendum; atque i…

Ideas in this flowchart

  • The qualified definition of occupancy for acquiring property
  • Occupancy initially requires bodily possession directed toward acquiring dominion
  • Merely wounding the wild animal is insufficient
  • Possession may be exercised through instruments rather than only by hand
  • Instrument-based possession requires two conditions
  • The instruments must be under the possessor’s control
  • The captured wild animal must be enclosed so that it cannot escape
  • The qualification fully accommodates Barbeyrac’s objection to Pufendorf’s definition
  • It allows as broad an application of occupancy as Barbeyrac’s words or ideas reasonably support
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Occupancy Definition

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Property

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"177 autem corporalis quaedam possessio ad dominium adipiscendum; atque ideo, vulnerasse non sufficit.” But in the following section he explains and qualifies this definition of occupancy: “Sed possessio illa potest non solis manibus, sed instrumentis, ut decipulis, retibus, laqueis dum duo adsint: primum ut ipsa instrumenta sint in nostra potestate, deinde ut fera, ita inclusa sit, ut exire inde nequeat.” This qualification embraces the full extent of Barbeyrac’s objection to Puffendorf’s definition, and allows as great a latitude to acquiring property by occupancy, as can reasonably be inferred from the words or ideas expressed by Barbeyrac in his notes."

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