FREE BOOKS

Author's List




PREV.   NEXT  
|<   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60  
61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   >>   >|  
to the landowners on either side of it in proportion to the extent of their riparian interest, while the new one acquires the same legal character as the river itself, and becomes public. But if after a while the river returns to its old channel, the new channel again becomes the property of those who possess the land along its banks. 24 It is otherwise if one's land is wholly flooded, for a flood does not permanently alter the nature of the land, and consequently if the water goes back the soil clearly belongs to its previous owner. 25 When a man makes a new object out of materials belonging to another, the question usually arises, to which of them, by natural reason, does this new object belong--to the man who made it, or to the owner of the materials? For instance, one man may make wine, or oil, or corn, out of another man's grapes, olives, or sheaves; or a vessel out of his gold, silver, or bronze; or mead of his wine and honey; or a plaster or eyesalve out of his drugs; or cloth out of his wool; or a ship, a chest, or a chair out of his timber. After many controversies between the Sabinians and Proculians, the law has now been settled as follows, in accordance with the view of those who followed a middle course between the opinions of the two schools. If the new object can be reduced to the materials out of which it was made, it belongs to the owner of the materials; if not, it belongs to the person who made it. For instance, a vessel can be melted down, and so reduced to the rude material--bronze, silver, or gold--of which it is made: but it is impossible to reconvert wine into grapes, oil into olives, or corn into sheaves, or even mead into the wine and honey out of which it was compounded. But if a man makes a new object out of materials which belong partly to him and partly to another--for instance, mead of his own wine and another's honey, or a plaster or eyesalve of drugs which are not all his own, or cloth of wool which belongs only in part to him--in this case there can be no doubt that the new object belongs to its creator, for he has contributed not only part of the material, but the labour by which it was made. 26 If, however, a man weaves into his own cloth another man's purple, the latter, though the more valuable, becomes part of the cloth by accession; but its former owner can maintain an action of theft against the purloiner, and also a condiction, or action for reparative damages, whether it
PREV.   NEXT  
|<   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60  
61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   >>   >|  



Top keywords:
belongs
 

materials

 

object

 

instance

 

belong

 

plaster

 
reduced
 

material

 

partly

 
action

vessel

 

sheaves

 

olives

 

silver

 
eyesalve
 

bronze

 

grapes

 
channel
 

compounded

 

extent


reconvert

 

proportion

 
interest
 

character

 

schools

 

acquires

 
person
 

riparian

 
melted
 
impossible

landowners

 

maintain

 

valuable

 

accession

 

damages

 

reparative

 

condiction

 

purloiner

 

creator

 
contributed

labour
 

purple

 

weaves

 

opinions

 
flooded
 

permanently

 

reason

 
nature
 

wholly

 

natural