Zaaksvorming
Specification
Specification is the process by which a new movable thing comes into existence from raw materials or components.
Specification is a legal concept in Dutch property law, governed by the Civil Code, whereby a new thing is created through processing or manufacture and is regarded as an independent asset. The owner of the materials used is in principle the owner of the new product, unless the law provides otherwise, for example in cases of specification where the maker may become the owner.
This regime is relevant to manufacturing, craftsmanship and industrial processes, as it determines ownership and governs the settlement of any obligations to pay compensation or make restitution. In practice, it prevents disputes over title in respect of, for example, bespoke products or processed raw materials.
“By specification, the contractor became the owner of the new piece of furniture that he had manufactured from the wood supplied by the customer.”
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