Abstract
The purpose of this paper is to show that the diversity of rules on good faith acquisition among EU Member States may cause legal uncertainty and different treatment of similar cases on internal market. I try to demonstrate this diversity and the said consequences by comparing the French, the German and the Dutch approach to good faith acquisition. Based on this comparison I make a plea for harmonization of the rules on good faith acquisition for cross-border transactions only, which should include rules on transfer of ownership and which should be done via regulation.
Highlights
One cannot transfer the right which one does not have; that is the principle common to all the EU Member States.1 The principle was developed in Roman law and in Latin reads as follows: Nemo dat quod non * **This paper is based on author’s unpublished master thesis “Harmonization of GoodFaith Acquisition
The result I hope to achieve with this paper is to show that the harmonization of some areas of private law, especially property law, is possi2
Validity of the causa traditionis in French law is not a condition for the good faith acquisition because the good faith acquisition is deemed a specific case of original acquisition
Summary
One cannot transfer the right which one does not have; that is the principle common to all the EU Member States. The principle was developed in Roman law and in Latin reads as follows: Nemo dat quod non * **This paper is based on author’s unpublished master thesis “Harmonization of GoodFaith Acquisition. One cannot transfer the right which one does not have; that is the principle common to all the EU Member States.. The principle was developed in Roman law and in Latin reads as follows: Nemo dat quod non * **. This paper is based on author’s unpublished master thesis “Harmonization of Good. The Justification, the Instrument, and the Rule” which he has written in the course of his master studies in Amsterdam Law School, University of Amsterdam under the supervision of professor Arthur F. The paper at hand is shorter in scope in order to comply with the propositions regarding the size of the articles. It is focused on the first two questions proposed in the master thesis
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