Original acquisition through division or occupation

From the view-point of individual right, a thing becomes our own through acquisition, either original or derivative. Formerly, when the human race could assemble, primary acquisition could take place also through division, as we have said. [N]ow it takes place through occupation only.

Exclusion from consideration of other modes of acquisition

Someone may perchance say that a kind of primary right is acquired through the granting of a servitude, or the giving of a pledge. To him who carefully weighs the matter, however, it will become apparent that, under such conditions, there is no new right except in form; for in essence the right was present in the proprietary right of the owner.

Exclusion from consideration of the forming of a new property from existing materials

To the means through which acquisition may be accomplished, Paul the Jurist adds also this – which seems altogether consistent with nature – ‘that we have caused something to come into existence’. In nature, however, nothing is produced except from matter which previously existed. If, then, the material belonged to us, the ownership of that which is produced will continue, even though a new form is presented. If the material belonged to no one, in that case acquisition will be classed under the head of acquisition by occupation.