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Resumen de Einige gedanken über die specificatio Bei Gaius

Gergely Dely

  • 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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