Legal Definitions - ferae bestiae

Ferae bestiae is a Latin term that translates to wild beasts or wild animals. In legal contexts, particularly in historical Roman law, it refers to animals that are naturally untamed and free-roaming, not domesticated or owned by any specific person.

The core legal principle associated with ferae bestiae is that because these animals belong to no one (they are considered res nullius, or "things belonging to no one"), the first person to capture and take possession of such an animal acquires ownership of it. This act of taking possession is known as occupatio.

Here are some examples illustrating the concept of ferae bestiae:

• Example 1: Hunting Game

  A hunter tracks and successfully harvests a wild deer in a designated hunting area. Before the hunt, the deer was a ferae bestiae, a wild animal belonging to no one. By capturing and taking physical possession of the deer, the hunter acquires ownership of it, transforming it from an unowned wild animal into personal property.

• Example 2: Commercial Fishing

  A commercial fishing vessel deploys its nets in international waters and catches a large quantity of mackerel. The mackerel, swimming freely in the ocean, were ferae bestiae. Once they are brought onto the boat and into the control of the fishing crew, they become the property of the fishing company, demonstrating how capture establishes ownership over wild animals.

• Example 3: Wildlife Rescue and Rehabilitation

  A wildlife rescuer finds an injured, orphaned baby squirrel in a park. They take the squirrel into their care, providing medical attention and shelter with the intent to release it once it is healthy. The baby squirrel, before being found, was a ferae bestiae. By taking it into their physical custody and control for rehabilitation, the rescuer establishes temporary possession and a form of ownership over an animal that was previously wild and unowned.