Legal Definitions - thesauri inventio

Thesauri inventio is a legal principle, originating in ancient Roman law, that governs the ownership of valuable items, often referred to as "treasure," when they are discovered. This principle generally dictates that the individual who finds such treasure acquires either full or partial ownership of it. The specific share of ownership can depend on various factors, including where the treasure was found and whether the owner of the land was involved in the discovery.

Here are some examples illustrating this principle:

• Imagine a homeowner digging a new flower bed in their backyard who unearths a rusted metal box containing a collection of antique silver coins. Under the principle of thesauri inventio, the homeowner, as the finder, would likely be entitled to ownership of these coins, especially if there is no identifiable previous owner and the treasure was found on their own property.

• Consider a group of friends exploring an abandoned, dilapidated farm property whose owner is unknown and untraceable. While sifting through debris in an old barn, they uncover a sealed jar containing rare, collectible stamps from a century ago. In this situation, the thesauri inventio principle would be applied to determine the ownership of the stamps. Since the original owner is unknown and the property is abandoned, the finders would likely acquire a significant, if not full, share of ownership, depending on how modern laws in that jurisdiction have adapted this ancient principle.

• During a community cleanup event in a public park, a volunteer uncovers a small, intricately carved wooden box filled with valuable, unset gemstones that appear to be very old. In this scenario, thesauri inventio would guide the determination of ownership. While the treasure was found on public land, the principle suggests the finder (the volunteer) would have a claim to ownership, potentially sharing it with the public entity that owns the park, depending on the specific jurisdiction's interpretation and modification of this ancient legal concept.