Определение собственника движимой вещи, созданной в результате переработки

https://doi.org/10.24031/1992-2043-2026-26-3-95-143 This article examines specification issues based on both current and historical provisions of Russian law and the work of Russian and foreign civil law scholars. The author demonstrates that the rules for processing movable property enshrined in Russian law do not lead to an efficient allocation of resources and ignore the will of persons to own the new thing. In the first part of the study, the author conducts a historical and comparative analysis of the institution of processing (specification), demonstrating that the rules contained in Article 220 of the Civil Code of the Russian Federation are historically arbitrary and are not based on an established tradition or a deep theoretical foundation. In the second part, the author argues that the current regulation does not provide effective means of protecting the owner of processed materials and is not optimal in terms of distributing transaction costs among participants in civil commerce. The author concludes that establishing a general rule under which the specifier acquires ownership of the new thing is doctrinally justified and the most effective for civil commerce. Keywords: processing (specification); property rights; vindication claim; compensation.