Nicholas criticises the media sententia as it did not take into account the relative importance of the materials and the maker's skill. Borkowski suggests that the test was not feasible if there was nothing left of the original material, e.g. if the creator chipped away at bronze to make a statue. The French and German civil codes take such considerations into account, e.g. the French system gives the nova species to the owner of the substance unless the work exceeds the materials, and the Germans reverse this balance. In both cases, compensation must be made to the party who loses out.