THE CONFLICT BETWEEN THE LEGAL INTERESTS OF THE ORIGINAL OWNER AND THE GOOD FAITH ACQUIRER OF MOVABLES – A COMPARATIVE OVERVIEW OF THE SOLUTIONS
THE CONFLICT BETWEEN THE LEGAL INTERESTS OF THE ORIGINAL OWNER AND THE GOOD FAITH ACQUIRER OF MOVABLES – A COMPARATIVE OVERVIEW OF THE SOLUTIONS
Author(s): Dimitar StoyanovSubject(s): Law, Constitution, Jurisprudence
Published by: Universitatea Nicolae Titulescu
Keywords: ‘nemo plus iuris’ principle; good faith acquisition; original owner; bona fide acquirer; transfer of movables; comparative legal research; Draft Common Frame of Reference
Summary/Abstract: The present article compares the legal rules on the good faith acquisition of movables in various national legislations of both Member states and countries outside the EU, in order to analyze the differences of the three major types of legal approach towards this means of original acquisition of ownership over movables. It is underlined that the existing diversity in the regulation can cause serious difficulties when multiple jurisdictions are concerned. One of the solutions to this issue is the unification of these rules at the EU level. The provisions of Book VIII, art.3:101 of the Draft Common Frame of Reference provide a solid foundation for this unification and may help to solve cross-border cases in a more efficient and just manner.
Journal: LESIJ - Lex ET Scientia International Journal
- Issue Year: XXII/2015
- Issue No: 1
- Page Range: 93 - 107
- Page Count: 15
