Gai. Cum quis ex aliena materia speciem 1 If a man have converted material belonging to another into a new species on his own account, Nerva and Procul. are of BOOK III. Pt. I. Ch. J. BOOK III. Pt. I. Ch. I. Quodsi partim ex sua materia partim ex aliena speciem aliquam fecerit, . . . dubitandum non est hoc casu eum esse dominum qui fecerit : cum non solum operam suam dedit, sed et partem eiusdem materiae praestavit.-§ 25, I. cit.' Call.: propter consensum domini tota res eius fit, cuius nomine facta est.-1. 25, D. de A. R. D.2 Paul. Si quis ex uvis meis mustum fecerit, vel ex olivis oleum vel ex lana vestimenta, cum sciret haec aliena esse, utriusque nomine opinion that the manufacturer is owner, because that which has been made belonged previously to no one. But Sab. and Cass. are of opinion that natural principle rather dictates that he who was owner of the material should also be of that which has been made from it, because nothing could be made without existing material; for example, if from your gold, or silver, or copper I have made a vessel, or from boards belonging to you a ship, or a closet, or benches, or from your wool a garment, or mead from your wine and honey, or from your drugs a plaister or a salve, or from your grapes, olives or ears, wine, oil or corn. There is, however, also [and after many controversies of the Sabinians and Proculians, it has prevailed] an intermediate opinion of those who are right in supposing that if the new species can again be reconverted into its material, the opinion of Sab. and Cass. is the more correct, but if not, that of Nerva and Proculus; thus, for instance, if a molten vessel can again be converted into the raw material of gold, or silver, or copper; but wine, oil or corn cannot again become grapes, olives or ears, and not even mead can be converted into honey and wine, or a plaister or salve into drugs. I think, however, some were right who have stated that there can be no doubt but that corn thrashed out of ears owned by another belongs to the owner of the ears, for since the grains contained in the ears have their perfect form, he that thrashes out the ears makes no new species, but he discloses the existing species. 1 But if a man have made a new species partly from material of his own and partly from that belonging to another, . . . we cannot doubt that in this case the manufacturer is the owner; since he has devoted to it not only his labour, but also a portion of the same material. -by reason of the owner's consent the article becomes entirely the property of him on whose behalf it was made. ad exhibendum actione tenebitur: quia quod ex Gai. ii. § 79: Paul. Si ex lana furtiva vestimentum feceris, § 87. Loss oF OWNERSHIP FROM SPECIAL CAUSES. Apart from the physical or juristica destruction of a § 70. the object, from the loss or surrender of possession in respect of wild animals and res derelictae, and from ' § 83. the grounds of termination of ownership corresponding to those of its acquisition, loss of ownership in a thing. occurs (1) in the case of prohibited private redress." Imp. Valent. Si quis in tantam furoris pervenerit audaciam, ut possessionem rerum . violenter invaserit, dominus quidem constitutus possessionem, quam abstulit, restituat possessori et dominium eiusdem rei amittat.-Cod. 8, 4, 7.* 1 If a man have made must from my grapes, or oil from my olives, or garments from wool of mine, and knew that they were the property of another, he will be liable in respect of both by an action ad exhibendum, because that which has been made from a thing owned by us is ours, according to the better opinion. 2-and he has a personal action also against the same person, because although things which have been destroyed cannot be recovered by vindicatio, they can nevertheless be claimed by a personal action as against thieves and certain other possessors. 3 If you have made a garment from stolen wool, the better opinion is that we must look to the substance, and so the garment will be one stolen. When a man shall have gone such lengths of frenzied arrogance as to have taken violent possession of things... if he § 23. & Sec § 24 BOOK III. Pt. I. Ch. I. a Inst. 2, 6. Sult. ¿§§ 20, 149, 150. (2) In respect of a fraud on the Revenue. Ulp.: quod commissum est, statim desinit eius esse, qui crimen contraxit, dominiumque rei vectigali adquiritur.-D. 39, 4, 14.' (3) Upon desertion of a landed estate. Imp. Valent. Qui agros domino cessante desertos . . . ad privatum pariter publicumque compendium excolere festinat, . . . si biennii fuerit tempus emensum, omni possessionis et dominii carebit iure qui siluit.-Cod. 11, 59, (58), 8.2 (4) Upon alienation by the Treasury or the Princeps of property owned by another." § 88. ACQUISITION THROUGH OTHERS. Those that are alieno iure subiecti' always acquire for him under whose power they are. But also through 'extraneae personae'-free representatives— was the acquisition of ownership allowed by the Classical Law in cases where it is brought about by possession; official representatives, e.g., tutors, likewise here acquire ownership for the person they represent. Ulp. placet, per liberam personam omnium rerum possessionem quaeri posse et per hanc dominium.-D. 41, I, 20, 2.3 Ner. Si procurator rem mihi emerit ex mandato meo, eique sit tradita meo nomine, dominium be the owner, he shall restore the possession abstracted by him to the possessor and forfeit his ownership of such property. 1 That which has been confiscated at once ceases to belong to the delinquent, and the ownership of the property falls to the Revenue. 2 When a man sets about cultivating lands left desolate by their owner, and that as well for the public as for his own advantage. . . the person that has remained inactive for the space of two years shall forfeit his whole right of ownership and possession. 3 it is held that through a free person possession can be acquired of anything, and ownership thereby. Pt. I. Ch. I. mihi adquiritur etiam ignoranti."-Et tutor BOOK III. pupilli pupillae, similiter ut procurator, emendo nomine pupilli pupillae, proprietatem illis adquirit See note by etiam ignorantibus.—1. 13 eod.1 a The usufructuary of a slave, and the bonae fidei possessor of another's slave or of a freeman acquire '§ 85. by him ownership and claims only so far as the acquisition is made from their own property, or is brought about through the labour put forth by such person. Gai. ii. §§ 91-2: De his autem servis, in quibus tantum usumfructum habemus, ita placuit, ut quidquid ex re nostra vel ex operis suis adquirunt, id nobis adquiratur; quod vero extra eas causas, id ad dominium proprietatis pertineat: itaque si iste servus heres institutus sit legatumve quod ei datum [aut donatum] fuerit, non mihi sed domino proprietatis adquiritur.-Idem placet de eo, qui a nobis bona fide possidetur, sive liber sit sive alienus servus: . . . itaque quod extra duas istas causas adquiritur, id vel ad ipsum pertinet, si liber est, vel ad dominium, si servus est. 2 Ulp.: Tamdiu autem adquirit, quamdiu bona 1 If an agent has by my commission purchased a thing for me, and it has been delivered to him on my account, the ownership is acquired for me, even if unaware of it.—And the guardian of a pupil male or female, in like manner as an agent, by purchase of a thing in the name of the pupil male or female, acquires for them the ownership, even without their cognizance. 2 Now as regards those slaves in whom we have only a usufruct, it has been held that whatever they acquire from our substance or by their own labour is acquired for us, but whatever from other causes than these belongs to their owner. Therefore, if such slave be appointed heir, or anything is bequeathed to him, it is acquired not for me but for the proprietor. The same rule holds in respect of him whom we possess in good faith, whether he be a freeman or the slave of another. . . . Therefore, whatever is acquired from sources other than these two belongs either to the man himself, if he is a freeman, or to his master, if he is a slave. ... |