Specificatio

Specificatio is a legal principle that deals with the treatment of goods that have been changed or transformed. It holds that when a person makes a new product out of another person's raw materials, the rights to the new product generally belong to the maker, unless otherwise agreed.

The concept of specificatio traces its roots back to Roman law, where it was used to determine ownership rights over newly created property. It has evolved through legal history, impacting property rights discussions in various jurisdictions.

In modern law, specificatio is relevant in cases involving intellectual property, artisanal creations, and modifications of physical goods. Courts evaluate the extent of transformation and the intent of the parties involved in determining the rightful ownership of the newly created item.

• A carpenter takes wood from a lumberyard, constructs furniture, and claims ownership of the finished pieces.
• An artist paints a mural on a privately owned wall, leading to disputes over rights to the artwork.

• Graham v. State of New York, 2017