ABSTRACT

Following the general thesis that Hugo Grotius presents a theology of international law which centres around the individual as morally responsible agent in the international arena, it is now time to analyse the relation between the individual and things by examining Grotius' perception of proprietary rights. Even when a distinct right of territorial domination emerged in the first centuries after the beginning of the second millennium, this right still was defined in analogy to the categories of proprietary rights. As regards the origin of proprietary rights, Grotius follows the traditional stance of the Christian understanding of ownership, which also corresponds to the respective Islamic position in many ways. Grotius' comments on the acquisition and termination of proprietary rights may be viewed primarily as a discussion of rather technical aspects of property law. Grotius conceives of a number of prerequisites that are necessary in order to accomplish the acquisition of proprietary rights through occupation.