Some remarks about specificatio at Gaius Cover Image
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Einige Gedanken über die specificatio bei Gaius
Some remarks about specificatio at Gaius

Author(s): Gergely Deli
Subject(s): Law, Constitution, Jurisprudence
Published by: STS Science Centre Ltd
Keywords: specification; good faith; acquisition of property.

Summary/Abstract: The jurists were and still are divided upon the question whether good faith (bona fides) was necessary to acquire the ownership of a newly made thing (species). Gaius also discussed the case of specification (specificatio) in his Instituts. However, he did not explicitly answer the question. This paper seeks to offer a reasonable explanation for Gaius’ silence. It argues that the financial compensation was the main concern of the great Roman jurisconsult who reached a right solution through procedural means on the basis of some sophisticated natural law principles.

  • Issue Year: 4/2013
  • Issue No: 2
  • Page Range: 123-128
  • Page Count: 6
  • Language: German