Ad Sabinum libri
Ex libro XIV
Paulus, On Sabinus, Book XIV. The term “law” is used in several ways. First, whatever is just and good is called law, as is the case with natural law. Second, where anything is useful to all or to the majority in any state, as for instance the Civil Law. Nor is honorary law less justly so designated in Our State, and the Prætor also is said to administer the law even when he decides unjustly; for the term has reference not to what the Prætor actually does, but to that which it is suitable for him to do. Under another signification, the word indicates the place where justice is administered, the name being shifted from the act itself to the locality where it is performed, and this locality may be determined in the following manner; whenever the Prætor may designate a place for the dispensation of justice, that place is properly called the law, provided the dignity of his office and the customs of our ancestors are preserved.
Paulus, On Sabinus, Book XIV. When a judge dies, he who succeeds him must follow the same course which was laid down for his predecessor.
Paulus, On Sabinus, Book XIV. A jewel which is set in gold belonging to another, or any ornamentation attached to a candlestick belonging to another party cannot be demanded in an action for recovery, but an action can be brought for production in order to have it detached. The rule is different where material is used in a house, as, in this instance, even an action for production will not lie, because the Law of the Twelve Tables forbids the material from being separated; but an action on the ground of material used can be brought for double its value under the same law.
Paulus, On Sabinus, Book XIV. The right to a dowry is perpetual, and, in accordance with the desire of the party who bestows it, the contract is made with the understanding that the dowry will always remain in the hands of the husband.
Ad Dig. 41,1,24Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 187, Note 2.Paulus, On Sabinus, Book XIV. It must be said with reference to everything which can be restored to its former condition, that if the material remains as it was, and the form only is changed (as, for instance, if you make a statue out of my bronze, or a cup out of my silver), I will be the owner of it:
Paulus, On Sabinus, Book XIV. If, however, you build a ship out of my boards, it will belong to you, for the reason that the cypress tree, of which they formed a part, is no longer in existence, any more than wool, where a garment is made of it; but a new form, composed of the cypress or the wool, has been produced. Proculus informs us that men ordinarily follow the rule adopted by Servius and Labeo; that is to say, in cases where the quality of property is considered, anything that is added becomes accessory to all, as where a foot or a hand is added to a statue, a bottom or a handle to a cup, a support to a bed, a plank to a ship, or stones to a building, for they will all belong to him who formerly owned the property. 1If a tree is torn up by the roots, and deposited upon the land of another, it will belong to the former owner until it has taken root; but, after it has done this, it will become an accessory of the land and if it is torn up by the roots a second time, it will not revert to the former owner: for it is probable that it became another tree through the different nourishment it received from the soil. 2Labeo says that if you dye my wool purple, it will still be mine, because there is no difference between wool after it has been dyed, and where it has fallen into mud or filth, and has lost its former color for this reason.