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9 - When sovereignty or ownership ceases

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

Cessation of ownership and sovereignty

I have already sufficiently explained in what manner not only private properties but also sovereign powers are originally acquired, and how they are transferred; let us now see how they are terminated.

We have already shown above, in passing, that such rights are extinguished by abandonment, for the reason that, when the desire ceases, ownership does not continue. There is also another mode of extinguishment, when the subject, in whom the sovereignty or the ownership resides, is taken away before there is any transfer of ownership, either expressed or implied; such a case arises in succession to one who dies intestate. If…a person dies without having given any indication of his will and without leaving any blood relative, all the rights which he possessed are extinguished. In consequence, unless some human law prevents, his slaves will be free, and peoples that had been subject to his sway will become independent, because from their very nature, such things cannot be acquired by possession unless they voluntarily yield their liberty. Other possessions of the deceased, however, will become the property of the first one who takes possession.

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Hugo Grotius on the Law of War and Peace
Student Edition
, pp. 170 - 176
Publisher: Cambridge University Press
Print publication year: 2012

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