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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