Problematika zpracování cizí věci na cestě k moderním kodifikacím
The Problematics of Another’s Property Towards Modern Codifications

Summary/Abstract: The study deals with the issues connected with the processing of another’s property in private law. It covers the genesis of a legal problem of a treatment of another’s property in The Institutes of Gaius from the end of the 2nd century AD. Gaius discussed who would be the owner of spikes taken from another’s corn or wine which would be made from someone else’s grapes. He gave two possible outcomes – either the owner of the plants which created the substance for the commodities or the person who made the effort to create wine or corn. The study also examines middle thought (media sententia), which was not documented until Corpus Juris Civilis (Code of Justinian), a probable product of classical Roman law. According to the verdict, the ownership of the newly created item depends on the circumstance whether the newly created item can be returned into its original state (an reverti possit). The study shows the influence of the Roman lawyers not only on the thoughts of important scholars the Pandects (The Digest) law (B. Windscheid, G. Puchta, L. von Arndts), but also on the notions of the creators of significant codification of private law Codex Theresianus.

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