Nabycie własności samochodu na gruncie prawa niemieckiego (Vehicle Ownership Acquisition on the Basis of German Law)

Abstract

The article discusses the legal problems occurring in Polish court practice, when – according to Polish private international law – German law applies to ownership acquisition of a car sold in Germany. Major conditions of acquiring movable property in German law are: agreement on the transfer of ownership and delivery. The German principles of separation of obligatory agreement and agreement on the actual transfer of property (Trennungsprinzip) as well independence of both agreements (Abstraktionsprinzip) result in the independence of ownership transfer from validity and effectiveness of the obligatory agreement the transfer is based on. German law presumes object possession ownership in favour of its possessor. Furthermore, the law admits extensive protection to a vehicle purchaser who acquires it from a professional car dealer. Handing out of the log book is of major importance for bona fide acquisition. Observance of further due diligence may be required on part of the purchaser, depending on the circumstances of the case, but only gross negligence excludes bona fide acquisition, which is permanently excluded in case of lost things, including stolen things. However, that exclusion applies only to bona fide acquisition from unauthorised holders and not to acquisitive prescription of movable property (usucaption).