La naturaleza del derecho de ocupación y su repercusión en la propiedad de las piezas de caza

Abstract

The 609 article of the Spanish Civil Code sets that property can be acquired by occupation, article 610, also declares that occupation is only possible to those things that are vacant or don´t belong to anybody, and among them include specifically game animals and fish. Our legal system adopts the roman concept of vacant things, known as �res nullius� and among them in very special manner game animals. This concept inherited from the classics, is supported in our laws by sentences as relevant as STC of January 22 of 1998, and this work critics precisely this. In this thesis I support the idea that game animals that live in game preserves are �fructis fundi� exactly as livestock, nowadays this animals are breed and cared for by their owners and the only game animals that should be considered �res nullius� are those that live free roaming or those whose nature makes them impossible to being bred like the migratory birds, so game animals in preserves cannot be acquired by occupation because they are owned.