The Problem of Accession Caused by Painting a Picture on the Canvas of Others in Roman Law
[Nederland] Tessa Leesen
- 2014年 
【中文摘要】在他人画板上作画，画到底归木板所有人还是画家？这是一个添附问题。盖尤斯主张木板被添附于画，而保罗则主张画添附于木板。现代学者对已画之板争议的解读，主要是把它当成学派争议。在他们看来，萨宾派倾向于板主是因为保守，而普罗库鲁斯派倾向于画家是因为革新。对已画之板法律问题原始文献的研究表明，盖尤斯和保罗作出不同选择的原因，是他们依靠修辞学尤其是地方论，选择在不同的地方寻找支持其意见的论据。 【Abstract】Should a picture painted on the canvas of others belong to the owner of the canvas or to the painter? This is a problem of accession. Gaius asserts that the canvas should append to the painting，while Paul advocates that the painting should accrete onto the canvas. Modern scholars interpret this controversy over Tabula Picta as a controversy arising from different schools of thought. According to them，the Sabinians are in favor of the owner of the canvas because of their conservatism，whereas the Proculians are in favor of the painter because of their attitude of innovation. But a study of tlie original literature on the problem of Tabula Picta shows that the cause for their different choices is that they selected diferent topos in which they look for their arguments to support their viewpoints.