Legal Definitions - occultatio thesauri inventi

Occultatio thesauri inventi is a historical legal concept that refers to the intentional concealment of treasure or valuable items that have been discovered. This principle was significant in legal systems where the rights to found treasure were often complex, potentially involving the finder, the landowner, and even the state or crown. It specifically addresses the act of hiding or failing to disclose such a discovery, often with the intent to claim sole ownership or avoid legal obligations.

Here are some examples illustrating this concept:

• Imagine a scenario where a group of hikers exploring a remote wilderness area stumbles upon a chest filled with ancient gold artifacts, clearly a long-lost treasure. Instead of reporting their discovery to archaeological authorities or the relevant government agencies, they secretly rebury the chest in a different, even more secluded spot, intending to return later to retrieve and sell the artifacts without official knowledge. This act of deliberately hiding the found treasure from the authorities constitutes occultatio thesauri inventi.

• Consider a construction worker excavating a site for a new building. While digging, they unearth a sealed ceramic jar containing a large quantity of antique silver coins. Aware that local laws might mandate reporting such a find, especially if the original owner is unknown, the worker surreptitiously removes the jar from the site and conceals it at their home, planning to keep the coins for themselves. This action of secretly taking and hiding the discovered valuables exemplifies the concealment of found treasure.

• Picture a person using a metal detector on a private field (with the landowner's permission) who uncovers a significant hoard of medieval jewelry. Knowing that such a find might be subject to specific treasure trove laws, requiring declaration and potential division of ownership with the landowner or the state, the finder chooses to secretly transport the entire hoard off the property and store it in an undisclosed location, never reporting the discovery. This deliberate act of non-disclosure and hiding the valuable items demonstrates occultatio thesauri inventi.