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far and wide； can hardly be ascribed to any other than the
prevailing illusion which unconsciously leads to the personification
of things； and； then； as if they could be bound under an obligation by
the labour bestowed upon them to be at the service of the person who
does the labour； to regard them as his by immediate right。 Otherwise
it is probable that the natural question… already discussed… would not
have been passed over with so light a tread； namely： 〃How is a right
in a thing possible？〃 For； right as against every possible possessor
of a thing means only the claim of a particular will to the use of
an object so far as it may be included in the all…comprehending
universal will； and can be thought as in harmony with its law。
As regards bodies situated upon a piece of ground which is already
mine； if they otherwise belong to no other person； they belong to me
without my requiring any particular juridical act for the purpose of
this acquisition； they are mine not facto； but lege。 For they may be
regarded as accidents inhering in the substance of the soil； and
they are thus mine jure rei meae。 To this category also belongs
everything which is so connected with anything of mine that it
cannot be separated from what is mine without altering it
substantially。 Examples of this are gilding on an object； mixture of a
material belonging to me with other things； alluvial deposit； or
even alteration of the adjoining bed of a stream or river in my favour
so as to produce an increase of my land； etc。 By the same
principles； the question must also be decided as to whether the
acquirable soil may extend farther than the existing land； so as
even to include part of the bed of the sea； with the right to fish
on my own shores； to gather amber and such like。 So far as I have
the mechanical capability from my own site； as the place I occupy；
to secure my soil from the attack of others… and； therefore； as far as
cannon can carry from the shore… all is included in my possession； and
the sea is thus far closed （mare clausum）。 But as there is no site for
occupation upon the wide sea itself； possible possession cannot be
extended so far； and the open sea is free （mare liberum）。 But in the
case of men； or things that belong to them； becoming stranded on the
shore； since the fact is not voluntary； it cannot be regarded by the
owner of the shore as giving him a right of acquisition。 For shipwreck
is not an act of will； nor is its result a lesion to him； and things
which may have come thus upon his soil； as still belonging to some
one； are not to be treated as being without an owner or res nullius。
On the other hand； a river； so far as possession of the bank
reaches； may be originally acquired； like any other piece of ground；
under the above restrictions； by one who is in possession of both
its banks。
PROPERTY。
An external object； which in respect of its substance can be claimed
by some one as his own； is called the property （dominium） of that
person to whom all the rights in it as a thing belong… like the
accidents inhering in a substance… and which； therefore； he as the
proprietor （dominus） can dispose of at will （jus disponendi de re
sua）。 But from this it follows at once that such an object can only be
a corporeal thing towards which there is no direct personal
obligation。 Hence a man may be his own master （sui juris） but not
the proprietor of himself （sui dominus）； so as to be able to dispose
of himself at will； to say nothing of the possibility of such a
relation to other men； because he is responsible to humanity in his
own person。 This point； however； as belonging to the right of humanity
as such； rather than to that of individual men； would not be discussed
at its proper place here； but is only mentioned incidentally for the
better elucidation of what has just been said。 It may be further
observed that there may be two full proprietors of one and the same
thing； without there being a mine and thine in common； but only in
so far as they are common possessors of what belongs only to one of
them as his own。 In such a case the whole possession； without the
use of the thing； belongs to one only of the co…proprietors
（condomini）； while to the others belongs all the use of the thing
along with its possession。 The former as the direct proprietor
（dominus directus）； therefore； restricts the latter as the
proprietor in use （dominus utilis） to the condition of a certain
continuous performance； with reference to the thing itself； without
limiting him in the use of it。
SECTION II。 Principles of Personal Right。
18。 Nature and Acquisition of Personal Right。
The possession of the active free…will of another person； as the
power to determine it by my will to a certain action； according to
laws of freedom； is a form of right relating to the external mine
and thine； as affected by the causality of another。 It is possible
to have several such rights in reference to the same person or to
different persons。 The principle of the system of laws； according to
which I can be in such possession； is that of personal right； and
there is only one such principle。
The acquisition of a personal right can never be primary or
arbitrary； for such a mode of acquiring it would not be in
accordance with the principle of the harmony of the freedom of my will
with the freedom of every other； and it would therefore be wrong。
Nor can such a right be acquired by means of any unjust act of another
（facto injusti alterius）； as being itself contrary to right； for if
such a wrong as it implies were perpetrated on me； and I could
demand satisfaction from the other； in accordance with right； yet in
such a case I would only be entitled to maintain undiminished what was
mine； and not to acquire anything more than what I formerly had。
Acquisition by means of the action of another； to which I
determine his will according to laws of right； is therefore always
derived from what that other has as his own。 This derivation； as a
juridical act； cannot be effected by a mere negative relinquishment or
renunciation of what is his （per derelictionem aut renunciationem）；
because such a negative act would only amount to a cessation of his
right； and not to the acquirement of a right on the part of another。
It is therefore only by positive transference （translatio）； or
conveyance； that a personal right can be acquired； and this is only
possible by means of a common will； through which objects come into
the power of one or other； so that as one renounces a particular thing
which he holds under the common right； the same object when accepted
by another； in consequence of a positive act of will； becomes his。
Such transference of the property of one to another is termed its
alienation。 The act of the united wills of two persons； by which
what belonged to one passes to the other； constitutes contract。
19。 Acquisition by Contract。
In every contract there are four juridical acts of will involved；
two of them being preparatory acts； and two of them constitutive acts。
The two preparatory acts； as forms of treating in the transaction； are
offer （oblatio） and approval （approbatio）； the two constitutive
acts； as the forms of concluding the transaction； are promise
（promissum） and acceptance （acceptatio）。 For an offer cannot
constitute a promise before it can be judged that the thing offered
（oblatum） is something that is agreeable to the party to whom it is
offered； and this much is shown by the first two declarations； but
by them alone there is nothing as yet acquired。
Further； it is neither by the particular will of the promiser nor
that of the acceptor that the property of the former passes over to
the latter。 This is effected only by the combined or united wills of
both； and consequently so far only as the will of both is declared
at the same time or simultaneously