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NeCede's

Maxim 5.1.39

Things which are taken from enemies immediately become the property of the captors.

Quae ab hostibus capiuntur, statim capientium fiunt.

Source: Weisman, 91lj; Weisman, 91jj Difficulty 1/5 — Foundational

Explanation

Property seized from an enemy in war vests immediately in the captor by the law of nations — no further judicial proceeding is required to transfer title.

Where this applies

  • An army captures enemy weapons on the battlefield, and those weapons immediately become the property of the capturing force without any court proceeding.
  • A naval vessel seizes an enemy merchant ship during wartime, and the cargo belongs to the captors the moment it is taken.
  • Soldiers capture enemy supplies during an advance, and by the law of nations, those supplies vest in the capturing army immediately.

Legal domains

Cite this maxim

NeCede Max. 5.1.39 — Things which are taken from enemies immediately become the property of the captors. — Weisman, 91lj; Weisman, 91jj (Quae ab hostibus capiuntur, statim capientium fiunt.)

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