Legal Definitions - specificatio

Specificatio is a legal principle, originating in Roman and civil law, that addresses the creation of a new item from existing materials. It applies to situations where one person transforms raw or semi-finished materials into a fundamentally different product, especially when those materials originally belonged to another person. The core idea is that the act of creation results in a "new species" or a new thing, which cannot easily be reverted to its original state. This concept helps determine the ownership of the newly created item.

Here are some examples illustrating specificatio:

• The Sculptor's Creation
  Imagine a sculptor who, by mistake or without explicit permission, takes a large block of marble owned by a quarry company and carves it into an elaborate, unique statue. The statue is a completely new creation, distinct from the raw marble block it once was, and it cannot easily be turned back into its original form. This act of transforming the marble into a statue is an instance of specificatio, raising the legal question of who now owns the finished artwork.
• The Gourmet Meal
  Consider a professional chef who receives a delivery of high-quality, fresh ingredients (such as rare seafood, exotic vegetables, and artisanal cheeses) that were intended for another restaurant. Unaware of the error, the chef uses these ingredients to prepare a complex, multi-course gourmet meal for a special event. The prepared meal is a new product, fundamentally different from the individual raw ingredients. This transformation of ingredients into a finished dish exemplifies specificatio, prompting a legal discussion about the ownership of the prepared food, especially if the original owner of the ingredients demands their return or compensation.
• The Custom Furniture Piece
  A custom furniture maker is mistakenly delivered a shipment of rare, expensive hardwood planks intended for another workshop. Believing them to be their own, the furniture maker meticulously designs and constructs an intricate, one-of-a-kind dining table from these planks. The finished dining table is a new and distinct item, possessing a different form, function, and value than the raw lumber. This act of transforming the wood into a piece of furniture is an application of specificatio, which would be central to determining who has legal claim to the newly created table.