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
Found an error? Suggest a correction →