Skip to main content Accessibility help
Internet Explorer 11 is being discontinued by Microsoft in August 2021. If you have difficulties viewing the site on Internet Explorer 11 we recommend using a different browser such as Microsoft Edge, Google Chrome, Apple Safari or Mozilla Firefox.

Our systems are now restored following recent technical disruption, and we’re working hard to catch up on publishing. We apologise for the inconvenience caused. Find out more 

Chapter 13: On the duties arising from ownership in itself

Chapter 13: On the duties arising from ownership in itself

pp. 90-92

Authors

Edited by , McGill University, Montréal
Translated by , McGill University, Montréal
  • Add bookmark
  • Cite
  • Share

Summary

1. The following are the duties which have arisen from the introduction of ownership in things:

  • (i) Every man is obliged to allow everyone (except an enemy) quietly to enjoy his own property, and neither by force nor fraud to attempt to spoil, steal or misappropriate it. This is why theft, robbery and similar crimes against others’ property are forbidden.

  • 2. (2) When without crime or breach of good faith on our part another man's property comes into our hands, and we have it under our control, we are bound to do all we can to return it to the control of its legitimate owner. However, we are not bound to restore it at our own expense, and if we do spend anything on maintaining it, we may rightly recover our expense or keep the property until we are paid. The Obligation of restitution begins when we become clearly aware that the property belongs to someone else. At that time we should make it known that we have the thing in question and do nothing to hinder the owner in recovering what is his [suum], If, however, we have acquired something with good title, we are not obliged to cast doubt on the title ourselves, or make a kind of public announcement whether anyone wishes to claim it for himself. The duty of restitution takes precedence over particular contracts and is a ground for a counter-claim: for example, if a thief deposits stolen goods with me and the real owner subsequentiy turns up, they must be restored to the owner, not the thief.

    3. (3) If in good faith we have acquired something of another's and consumed it, our duty is limited to restoring to the owner the amount by which we have been enriched, so that we do not gain from another's undeserved loss.

    4. The following duties are derived from the above:

  • (i) A bona fide possessor is not obliged to make any restitution if the thing has perished, because he has neither the thing itself nor any gain from it.

  • Access options

    Review the options below to login to check your access.

    Purchase options

    eTextbook
    US$41.99
    Paperback
    US$41.99

    Have an access code?

    To redeem an access code, please log in with your personal login.

    If you believe you should have access to this content, please contact your institutional librarian or consult our FAQ page for further information about accessing our content.

    Also available to purchase from these educational ebook suppliers