Legal Definitions - thesaurus

In legal contexts, particularly those influenced by Roman law, a thesaurus refers to:

• Treasure or Valuables with Undetermined Ownership: This specifically means valuable items that have been hidden or concealed for such an extended period that it is no longer possible to establish the identity of the original owner. The inability to trace the original owner is a critical component of this definition, often impacting who has a legal claim to the discovered items.

Here are some examples to illustrate this concept:

• Example 1: A homeowner is digging in their backyard to plant a new garden and uncovers a rusted metal chest. Inside, they find a collection of antique silver coins and jewelry from the 19th century. Despite thorough research into the property's history and previous owners over many decades, no records or living descendants can be found to identify who might have originally hidden these valuables.

  Explanation 1: This discovery would be considered a thesaurus because valuable items were hidden for a significant duration, and the passage of time has made it impossible to determine the identity of the original owner. The legal question then becomes who, if anyone, has a rightful claim to this long-lost treasure.

• Example 2: During a major renovation of a very old public building, construction workers discover a false wall containing a sealed compartment. Inside, they find a collection of rare, historical documents and gold artifacts. Historians confirm the items are several centuries old, predating any modern property records or known ownership. There are no surviving records or family lines that could link these specific items to a particular individual or entity.

  Explanation 2: The hidden historical documents and gold artifacts fit the definition of a thesaurus. They are valuable items that were intentionally concealed for an extensive period, and the extreme age combined with a lack of historical documentation means the original owner cannot be identified. This situation would trigger legal considerations regarding the ownership of such ancient, unclaimed finds.