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7 - On derivative acquisition of property which takes place in accordance with law; and herein, intestate succession

from Book II - On the Law of War and Peace

Published online by Cambridge University Press:  05 April 2013

Stephen C. Neff
Affiliation:
University of Edinburgh
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Summary

Certain unjust laws of states

Derivative acquisition, or alienation, which takes place in accordance with law, is based either on the law of nature or on volitional universal law, or on a statute.

It is not our purpose to treat of the statutes of states, for that would be an endless task, and the particular disputes arising from wars are not decided in accordance with municipal law. However, attention should be called to the fact that certain laws of states are plainly unjust, such as those which confiscate in favour of the state treasury the goods of shipwrecked persons. It is, in fact, pure injustice to take away from any one his ownership of property when no adequate cause precedes.

Set-off

According to a law of nature, which has its origin in the very character and essence of ownership, alienation takes place in two ways, by legal compensation and by succession. Alienation by legal compensation takes place when, from one who retains my property or is in debt to me, I receive, as of equal value, something which is not yet mine but which ought to be given to me in the place of a thing belonging to me or due to me, and I am unable to obtain the thing itself. For whenever expletive justice cannot acquire the [very] thing [which is owed], it tries to obtain something of equal value which, morally, is considered the same.

Type
Chapter
Information
Hugo Grotius on the Law of War and Peace
Student Edition
, pp. 144 - 158
Publisher: Cambridge University Press
Print publication year: 2012

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