Legal Definitions - apprehensio

Apprehensio is a Latin term used in civil law systems (which are based on Roman law traditions) to describe the act of physically taking possession of something that legally belongs to no one. This act of "seizure" or taking control is the method by which ownership is established over such property.

Here are some examples illustrating apprehensio:

• Example 1: Capturing Wild Animals

  Imagine a hunter in a designated hunting area successfully tracking and capturing a wild deer. Before the capture, the deer was considered res nullius (belonging to no one). The hunter's act of physically taking possession of the deer constitutes apprehensio, thereby establishing their ownership over the animal.

• Example 2: Claiming Abandoned Property

  A homeowner places an old, broken washing machine on the curb with a "Free" sign, clearly indicating they no longer want it and have abandoned their ownership. A passerby sees the washing machine, believes they can repair it, and takes it home. This act of taking physical possession of the abandoned washing machine is an apprehensio, as the item was legally ownerless, and the passerby establishes new ownership by taking control.

• Example 3: Discovering Ownerless Treasure

  A deep-sea diver explores a remote part of the ocean, far from any national territorial waters, and discovers an ancient shipwreck containing artifacts that have been lost and unclaimed for many centuries. By physically recovering these artifacts and bringing them to the surface, the diver performs an apprehensio. Since the items were considered ownerless (res nullius) due to their age and location, the act of taking possession establishes the diver's claim to ownership, subject to relevant salvage laws.