NABYCIE PRZEZ OCCUPATIO POSIADANIA DZIKICH ZWIERZĄT WEDŁUG TEORII LEONA PINIŃSKIEGO. CZĘŚĆ 1
ACQUISITION OF POSSESSION BY OCCUPATIO OF WILD ANIMALS ACCORDING TO LEON PINIŃSKI’S THEORY. PART 1

Summary/Abstract: Background: The aim of article is the acquisition of wild animal possession by occupatio according to the theory of Leon Piniński. These considerations were included in the third section of the first chapter of his monograph entitled Der Thatbestand des Sachbesitzerwerbs nach gemeinem Recht. They are part of the original possessio theory, which was consistently developed by this Polish Romanist, and are part of the discussion conducted by German Pandectists and other representatives of German-speaking legal scholars. The article opens with a triptych dealing with acquiring possession of the following movable things: wild animals (Part 1); honeycombs and valuables hidden in the ground (Part 2); the natural benefits of land and animals (Part 3). The order of the studies corresponds to the internal structure of the Piniński’s monograph.Research purpose: The article is directly related to the study entitled Leon Piniński’s discus- sion on corpus possessionis with selected 19th century legal scholars. While Leon Piniński’s discussion . . . is a presentation of Pininski’s theoretical-critical discussion on the corpus possessio- nis with dozens of legal scholars of his time, Acquisition of possession ... is a casuistic continuation of the interpretation of the ius Romanum. The fundamental research aim of the articles in this series is to present the author’s theory of possessio and the characterization of Piniński’s scientific profile in the context of 19th century German-speaking legal science.Methods: The article uses the historical and legal method.Conclusions: Excellent orientation in the pandectists interpretation of the Roman sources, in-depth and uncompromising evaluation of its shortcomings in terms of content and philology; devoid of complexes, innovative proposal for a different view of interpretating ancient sources; the German language as the language of choice for discourse and the exploration of possession, placed Piniński at the forefront of European, continental legal science at that time.

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