- Latin phrase: A piratis et latronibus capta dominium non mutant.
The legal maxim “Things captured by pirates or robbers do not change their ownership” reflects a fundamental principle in property law.
It means that when property is stolen or taken unlawfully (e.g., by pirates or robbers), the original owner does not lose their ownership rights to that property. Here’s a more detailed explanation:
Core Concept
- Preservation of Original Ownership: The maxim underscores the principle that theft or unlawful taking does not transfer legitimate ownership. The original owner retains their ownership rights, even if the property is in the hands of the wrongdoer.
- Illegality of Theft: This principle is rooted in the notion that illegal acts, such as piracy or robbery, cannot create legal rights or legitimate ownership for the perpetrator.
- Right to Reclaim Property: As a consequence, the original owner has the right to reclaim their property if it is recovered. The illegal possessor (the pirate or robber) does not gain legal ownership simply by possession.
Legal Implications
- Recovery of Stolen Property: If stolen property is recovered from pirates or robbers, it should be returned to the rightful owner rather than being treated as property of the thief.
- Bona Fide Purchaser Rule Exception: One complex area involves bona fide purchasers – those who buy property in good faith without knowledge of its stolen status. Different jurisdictions handle this differently, but the fundamental principle often still applies: the original owner may have superior rights to the property.
- Jurisdictional Variations: The application of this maxim can vary by jurisdiction, especially regarding the treatment of bona fide purchasers and the process of reclaiming stolen property.
- International Law: In international contexts, such as maritime piracy, this principle is also recognized. Property taken by pirates at sea is still considered to belong to its original owner under international law.
Historical Context
- Roots in Roman Law: This maxim has its roots in Roman law, reflecting the Roman legal principle that a thief cannot pass on better title than they have, which in the case of stolen goods, is none.
- Relevance Through Ages: Historically, this principle was particularly relevant in maritime law due to piracy. It continues to hold significance in modern legal systems in the context of theft and property rights.
The maxim “Things captured by pirates or robbers do not change their ownership” embodies a fundamental legal principle that ownership rights are not lost through theft or unlawful taking.
This principle supports the notion of legal justice and property rights, ensuring that illegal acts do not confer legal ownership.
