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NeCede's

Maxim 2.1.41

Treasure does not belong to the king, unless no one knows who hid it.

Thesaurus non competit regi, nisi quando nemo scit qui abscondit thesaurum.

Source: 3 Inst. 132; Jackson Difficulty 3/5 — Intermediate

Explanation

Found treasure belongs to the finder unless no owner can be identified, in which case it reverts to the sovereign — the state's claim is secondary to that of any known owner.

Where this applies

  • A metal detectorist finds a cache of gold coins buried in a public park with no indication of who hid them, and the state claims the treasure because no owner can be identified.
  • A construction crew unearths a chest of colonial-era silver during a road project, and when no descendants of the original owner come forward, the treasure reverts to the state.
  • A homeowner discovers old jewelry hidden in the walls of a house she purchased, and the question of ownership turns on whether the previous owner or any heir can be identified — if not, the find belongs to the sovereign.

Legal domains

Cite this maxim

NeCede Max. 2.1.41 — Treasure does not belong to the king, unless no one knows who hid it. — 3 Inst. 132; Jackson (Thesaurus non competit regi, nisi quando nemo scit qui abscondit thesaurum.)

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