Legal Definitions - propter impotentiam

PROPTER IMPOTENTIAM

Propter impotentiam is a Latin term that means "on account of helplessness." In the past, it was used as a reason for gaining a property interest in a wild animal. This was based on the animal's inability to escape, such as a young bird that could not yet fly away.

One example of propter impotentiam is when a person finds a baby bird that has fallen out of its nest. Since the bird is too young to fly away, the person may claim ownership of the bird and take care of it until it is able to survive on its own.

Another example is when a person discovers a wild animal that is injured or sick and unable to escape. In this case, the person may take the animal in and care for it until it is well enough to be released back into the wild.

These examples illustrate the concept of propter impotentiam because they involve situations where the animal is helpless and unable to fend for itself. In these cases, it may be considered justifiable to take ownership of the animal and provide it with the care it needs.