Legal Definitions - propter privilegium

Propter privilegium is a legal principle that describes a unique way of establishing a claim or interest in wild animals. It literally translates from Latin as "on account of privilege." This concept arises when an individual or entity possesses an exclusive right or privilege to hunt, capture, or manage wildlife within a specific, defined territory.

This exclusive right, often granted by law, contract, or historical custom, means that even before an animal is physically caught, the holder of the privilege is considered to have a special, albeit limited, property interest in the wild animals roaming within their designated area. This interest is "on account of privilege" – it stems directly from the exclusive right itself, rather than from actual physical possession of the animal.

• Example 1: Private Hunting Preserve

  A wealthy landowner establishes a large, fenced private estate specifically for hunting. Through legal deeds and agreements, they secure exclusive hunting rights over all game animals (such as deer, wild boar, and pheasants) within the boundaries of their property. They actively manage the wildlife population and control access to the land.

  Explanation: Because the landowner holds the sole and exclusive privilege to hunt within their private preserve, they are considered to have a propter privilegium interest in the wild animals living there. This means that no one else has a legal right to hunt those animals, and the landowner's exclusive privilege grants them a unique claim to the wildlife on their land, even before any animal is harvested.

• Example 2: Government-Granted Hunting Concession

  A national park authority grants a private company an exclusive concession to manage and conduct guided hunting tours for specific species (e.g., elk, bighorn sheep) within a designated wilderness area for a period of ten years. This concession explicitly prohibits anyone else from hunting in that specific zone.

  Explanation: The private company, by virtue of the exclusive concession granted by the government, holds a propter privilegium interest in the designated wild animals within that specific wilderness area. Their exclusive right to manage and hunt these animals, granted as a privilege, establishes their unique claim over that wildlife, distinguishing it from the general public's lack of such rights in that zone.

• Example 3: Exclusive Fishing Rights on a River Stretch

  A private fishing club purchases a stretch of a river and, through legal agreements with riparian landowners and local authorities, secures the exclusive right to fish for trout and salmon within that specific section of the river. The club actively manages the fish population, stocks the river, and maintains the fishing environment.

  Explanation: The fishing club's exclusive right to fish within that particular river stretch, established through legal privilege, gives them a propter privilegium interest in the wild fish inhabiting that water. This privilege means that only club members can legally catch fish there, and the club's exclusive access and management rights create a special claim to the aquatic wildlife in that specific area.