Einige gedanken über die specificatio Bei Gaius
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 Institutions. However, he did not explicitly answ...
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| Format: | Article |
| Language: | German |
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Universidad de Castilla-La Mancha: Facultad de Derecho y Ciencias Sociales. Area de Derecho Romano de Ciudad-Real
2013
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4451231 |
| Source: | RIDROM: Revista Internacional de Derecho Romano, ISSN 1989-1970, Nº. 11, 2013, pags. 61-87 |
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| Summary: |
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 Institutions. 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 lawyer who reached a just solution through
procedural means on the basis of some sophisticated natural law
principles. |
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