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Justinian I · The Digest of Justinian §41.1.24.pr

Specification of Material and Ownership by the Material Owner

Passage 6654 of 9271 · Latin

Summary

Presents the legal opinion that in the case of creating a new object from another's material, even if it cannot be restored to its original form, the owner of the material retains ownership of the product as long as the material itself remains and only the form has changed.

[PAULUS libro quarto decimo ad Sabinum. ] §41.1.24.prIn omnibus, quae ad eandem speciem reuerti non possunt, dicendum est, si materia manente species dumtaxat forte mutata sit, ueluti si meo aere statuam aut argento scyphum fecisses, me eorum dominum manere,
[PAULUS, On Sabinus, book 14] In all things which cannot be restored to their original form, it must be said that, if the material remains while only the form has by chance been changed—as for example if you had made a statue from my bronze or a cup from my silver—I remain the owner of them.

Notes

  1. §41.1.24.prmateria manente — An ablative absolute consisting of the noun materia and the present participle manente, expressing an attendant circumstance or condition: "while the material remains."
  2. §41.1.24.prme eorum dominum manere — An accusative with infinitive (Aci) clause serving as the subject or content of the impersonal gerundive construction `dicendum est` ("it must be said"). The accusative `me` is the subject of the infinitive `manere`, and `dominum` is the predicate accusative.

Cite this passage

Justinian I, The Digest of Justinian §41.1.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.24.pr

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