The Institutes of Justinian by Unknown
page 54 of 272 (19%)
page 54 of 272 (19%)
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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 mix- ture 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. 28 But if the corn of Titius has become mixed with yours, and this by mutual consent, the whole will belong to you in common, |
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