“The Proculeians held that specification, by changing the form of the raw material, changed its nature, and replaced it by something quite new, and that, therefore, the maker of the new article was the owner of it, and not the person to whom belonged the material of which it was made. The Sabinians, on the other hand, were of opinion that the material retained its original nature, and continued to subsist, notwithstanding its change of form, and that, accordingly, the new article belonged to the proprietor of the material. Neither of these extreme views were adopted by Justinian, who followed a middle opinion, based on this distinction: ‘If the thing made can be reduced to its former rude materials, then the owner of the materials is also considered the owner of the thing made; but if the thing cannot be so reduced, then he who made it is the owner of it.’ (Just. Inst. B. 2, T. 1, § 25.)” John Trayner, Trayner’s Latin Maxims 349 (4th ed. 1894).
media sententia
media sententia (mee-dee-[schwa] sen-ten-shee-[schwa]). [Latin] Roman law. A middle view.
