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

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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.


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