Пътят към обособяване на добросъвестното придобиване на движими вещи, прехвърлени от несобственик, като първичен придобивен способ
The Method of Defining the Good Faith Acquisition of Movables as a Separate Original Means of Acquiring Ownership

Author(s): Dimitar Stoyanov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Нов български университет
Keywords: Acquisitive Prescription; Commerce; Gewere; Good Faith Acquisition of Movables; Goods; Movables; Possession; Possession Equals Title
Summary/Abstract: The method of defining the good faith acquisition of movables as a separate original means of acquiring ownership. The present article examines from a historic-comparative perspective the way of formation of good faith acquisition of movables as a separate ‘modus acquirendi’. Since Roman law refused to give protection to the acquirer ‘a non domino’ and only acquisitive prescription was available to possessors who for other reasons (in particular defective delivery) had not yet acquired ownership, the famous French author Fr. Bourjon elaborated in 1747 the rule that with regard to movables ‘possession equals title’ (possession vaut titre). This rule was intended to protect good faith acquirers in the interest of commerce, so that no acquisitive prescription rule was needed. The drafters of the Code Napoleon adopted this rule, by providing, in Article 2279 (now 2276) Code Civil, that ‘en fait de meubles, la possesson vaut titre’. On this way a good faith acquisition rule was enacted.

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