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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