Einige Gedanken über die specificatio bei Gaius
Some remarks about specificatio at Gaius
Author(s): Gergely DeliSubject(s): Law, Constitution, Jurisprudence
Published by: Evropská společnost pro právní dějiny, z.s.
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.
Journal: Journal on European History of Law
- Issue Year: 4/2013
- Issue No: 2
- Page Range: 123-128
- Page Count: 6
- Language: German