Specificatio

Question 1

What is a Nova species?

Answer 1

Whether total thing would retain its identity if the added thing were removed

Question 2

Specificatio Basics

Answer 2

Creation of a nova species out of materials belonging to another

• P = maker owns. What has been made belongs to no one
• S = Material Owner owns. Thing cannot exist without that of which it is made
• J takes classical law perspective of it being able to be reduced to constituent parts = S wins, if not then P

Question 3

Specificatio compensation

Answer 3

Creator acquires O

• GF & was in possession, material owner has no remedy
• Out of possession, creator = vindicatio available but can be met with exceptio doli if refuses price of material value
• BF then may be liable to actio furti but retains O

Creator does not acquire O

• C = GF + in poss. = compensated for work
• not in poss. = no remedy
• C = BF then seen as gift