Необходими изменения в разпоредбата на чл. 78, ал. 2 от Закона за собствеността
Necessary Changes in Article 78 (2) of the Ownership Act

Summary/Abstract: The present research examines the necessity of changes in Art. 78, paragpaph 2 of the Ownership Act which provides that good faith acquisition takes place with regard to stolen or lost movables, where the transferee acquired the goods from a transferor being a State or municipal enterprise. The analisys compares this regulation with applicable legal rules in various national EU jurisdictions and other countries concerning the bona fide acquisition ofstolen or lost movables. The author attempts to analyze the difference of legal attitudes towards this type of original acquisition and to emphasize that the existing regulationin Bulgaria is unadequate to the contemporary legal and economic situation. This divergence causes serious difficulties in Bulgarian legal enforcement and makes the necessity of a prompt revision of Art. 78, paragpaph 2 of the Ownership Act even more and more obvious. Special attention is paid to the legal ideas concerning bona fide acquisition of stolen movables in Art. VIII-3:101, § 2 (‘Good faith acquisition through a person without right or authority to transfer ownership’) of the Draft Common Frame of Reference (DCFR’ 2009) which can provide asolid basis for de lege ferenda changes.

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