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NeCede's

Maxim 5.1.36

Things taken or captured by pirates and robbers do not change their ownership.

Source: 1 Kent, Comm. 108, 184; Weisman, 91ii Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Stolen goods retain their original ownership — pirates and robbers cannot pass title, and the true owner's right survives the taking.

Where this applies

  • A pirate seizes a merchant ship's cargo, but the original merchant retains legal ownership and can reclaim the goods if recovered.
  • A thief steals a car and sells it to an unsuspecting buyer, but the original owner still holds title and can demand the car back.
  • Looters take electronics from a store during a riot, but the store owner's ownership never changed — stolen goods remain hers.

Legal domains

Cite this maxim

NeCede Max. 5.1.36 — Things taken or captured by pirates and robbers do not change their ownership. — 1 Kent, Comm. 108, 184; Weisman, 91ii

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