Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Bona fides: a requirement for the acquisition of ownership by means of specificatio

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

There are good reasons why bona fides should be seen as a requirement for the acquisition of ownership through specificatio. Firstly, the specificator produces something new, a res aliqua, and is therefore given the right to incorporate the product in his property by occupatio. Secondly, if the specificator knew he was working with foreign raw material, and therefore knew that by his performance he was depriving the owner of the material of his property, the specificator would commit a furtum. A res nova, the origin of which is chained with a furtum, can never be res habilis.When balancing the respective interests of the specificator on the one hand and the owner of the material on the other hand, one finds that accepting bona fides of the specificator as a requirement for his acquisition of ownership is convenient to ensure both legal certainty and the free movement of goods.

10.1163/157181906778945967
/content/journals/10.1163/157181906778945967
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/157181906778945967
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/157181906778945967
Loading

Article metrics loading...

/content/journals/10.1163/157181906778945967
2006-10-01
2016-12-05

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation