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Chapter Summary

The controversy about specificatio (Gai., 2.79) is found in section 2.1-96 of Gaius' Institutiones and concerns property law. In 2.66-79, Gaius discusses the different means of acquisition of ownership based upon naturalis ratio: after mentioning occupatio (2.66-69) and accessio (2.70-78), he mentions a third case. In this text, Gaius provides examples which are nowadays covered by the term specificatio. Next, the concept of naturalis ratio is discussed. According to this text, the Sabinians use an extra argument by referring to the naturalis ratio. The central question of the media sententia is whether or not the nova species can be reduced to its materials. If this is possible, it can be stated that the materials subsist. The controversy about specificatio arose when a legal problem was put to the Sabinians and the Proculians and when they each gave different responsa.

Keywords: Gaius; Institutiones; media sententia; Proculians; Sabinians; specificatio



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