A Study On The Possession Theory Of Grotius

After the Netherlands,the Netherlands gradually got rid of the Spanish Habsburg rule and an independent bourgeois republic was born.Since then,the Dutch capitalist economy has developed rapidly,especially the development of the nautical industry,making it a veritable maritime power in the 17 th century-"sea coachman".The former European powers Spain and Portugal have divided and monopolized the global oceans and land according to the Pope ’s judgement due to their leading position in the geographical discovery,so that the rising star of the Netherlands will inevitably compete with West,Portugal The two countries have serious conflicts of interest.As an emerging power,the Netherlands urgently needs legal support to refute the monopoly of Western,Portuguese and commercial trade in the oceans,territories,and the East.In this regard,Grotius proposed his own theory of possession on the basis of fully absorbing the essence of Western cultures such as Christian theology,ancient Greek philosophy and Roman law: possession is a de facto possession The object,the behavior of possession,and the legitimacy of possession are discussed,such as the distinction between the possession of different objects,the causes and processes of human common property rights and private ownership;the standards and principles of preemption are discussed The scope of application demonstrates the formation and legitimacy of the catch and loot system.In Grotius’ s possession theory,the qualities of freedom and justice are obvious.For Grotius,the theory of marine freedom is essentially that the ocean belongs to mankind and cannot be occupied by private persons,in order to refute the marine monopoly of Spain and Portugal;Grotius ’s exposition of justice focuses on justice War,but in fact,Grotius demonstrated the legitimacy and legitimacy of the capture and possession of goods from other countries by discussing the just war.Grotius’ s possession theory is the best legal basis for safeguarding the national interests of the Netherlands and refuting the hegemony of Spain and Portugal.It also became the theoretical basis for the freedom of the high seas in later international law.