Ownerless property: mostrencos and intestates in the new Heritage Law of Aragon

Abstract

The latin term «Bona Vacantia» literally means vacant goods and is the legal name for ownerless property, which by ancient law passed to the crown, and traditionally known in Spain as «ownerless». Bona Vacantia arises, in origin, by virtue of the Royal Prerogative or Regalia, and today these goods correspond to the State. This item includes assets that have no owner, because not known or have been abandoned, and estates of persons who die intestate and without known kin and also for the collection of the assets of dissolved companies and other miscellaneous bona vacantia such as money or property which appears to be unclaimed, for instance due to a lack of activity on the account by way of deposits, withdrawals or any other transactions for a lengthy time in a cash account. The work deals with the question if not only the Central Government, but also the «Autonomous Communities» are entitled to these goods. At least those that have a civil law itself and with clear historical background on the subject, as in the case of the autonomous community of Aragon.