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 was he who made the cloth, or some one else; for although the
destruction of property is a bar to a real action for its recovery,
it is no bar to a condiction against the thief and certain other
possessors.
27 If materials belonging to two persons are mixed by consent--for
instance, if they mix their wines, or melt together their gold or their
silver--the result of the mixture belongs to them in common. And the law
is the same if the materials are of different kinds, and their mixture
consequently results in a new object, as where mead is made by mixing
wine and honey, or electrum by mixing gold and silver; for even here it
is not doubted that the new object belongs in common to the owners of
the materials. And if it is by accident, and not by the intention of the
owners, that materials have become mixed, the law is the same, whether
they were of the same or of different kinds.
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