Hadrian division

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The Hadrian division is a term from property law and describes a regulation of the acquisition of property in treasure finds that goes back to the Roman emperor Hadrian (67-138) .


A codification for this can be found in the Institutiones Iustiniani (Inst. 2.1.39), contained in the later so-called Corpus iuris civilis . The German Civil Code has adopted them in Section 984 . There it says:

“If something that has been hidden for so long that the owner can no longer be determined (treasure) is discovered and taken into possession as a result of the discovery, half of the property is owned by the discoverer and half by the owner of the thing acquired in which the treasure was hidden. "

Corresponding provisions include, for example, Article 716 of the French Civil Code and Article 351 of the Código Civil Español .

Hadrian division and treasure shelf

If the items found are archaeological finds, Section 984 of the  German Civil Code ( BGB ) can be overlaid in all German federal states (except for Bavaria) by a treasure shelf that is differently designed according to state law. According to this treasure shelf, ownership of the listed treasure belongs solely to the state, provided that the treasure is of scientific or special scientific value, depending on the federal state. The Hadrian division is only valid in Bavaria without restrictions.

See also


  • Heinrich Dörner: Civil law problems of soil monument maintenance (= Munster contributions to jurisprudence. Volume 63). Duncker & Humblot, Berlin 1992, ISBN 3-4280-7567-6 .

Individual evidence

  1. ^ Rolf Knütel in: Rechtsgeschichte und Privatrechtsdogmatik, 1999 ( books.google.de p. 570 ).
  2. at legifrance.gouv.fr
  3. at noticias.juridicas.com