Some remarks on the theory of specificatio in the institutiones of gaius

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 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..