specificatio

specificatio

in the law of Scotland, following Roman law, the doctrine whereby the creator of a new thing takes property in it if the materials are incapable of separation as a result of the creation. The painter owns the cloth on which he paints, contrary to the doctrine of accessio . A sculptor would not own the rock he sculpted unless this was considered a new species - a work of art instead of a rock. There is a personal claim by the owner against the creator for the price of the materials. The doctrine does not apply if the worker steals the materials.