Saša Tucaković *
SPECIFICATION (SPECIFICATIO) IN ROMAN LAW
Summary
Specification (specificatio) existed in cases when someone made some new thing from somebody else's material. The fundamental question that arises is whether the ownership on a new thing would be acquired by the owner of the material or a person who produced new thing from someone else's material. In classical law there was a dispute between the Sabinians and the Proculeans over the answer to this issue, and after a certain time a compromising solution was created. Taking into account written above, the author analyzes the concept of a new thing, acquisition of ownership by specification, remedies for reparation of a person who has not acquired ownership, as well as the relationship between specifaction and contract for provision of services (locatio conductio operis faciendi).
Key words: specificatio; acquisition of ownership; bona fides; locatio conductio operis faciendi.