ABSTRACT
The proviso is typically a principle that externally regulates the acquisition of property rights. However, all provisos are either superfluous to a principle of non-interference (since the protection they provide is already provided by that right) or incompatible with non-interference (since they licence interferences in non-interfering actions). The proviso’s pride of place within theories of original acquisition is symptomatic of a lack of a sufficiently determinate first principle that positively justifies acquisition in the first place.
