The Operation of the So-called "Doctrine of Notice" in the Law of Bona Fide Acquisition of Immovable Property

Abstract

The same legal problem, as a rule, is regulated differently in different jurisdictions, but nevertheless, it is still possible to find a common point of contact in a number of issues, which comparative legal analysis helps us to determine what kind of regulation may be the most suitable for national law. One of these issues is the problem of "notice" in the law of bona fide acquisition of real estate, which is discussed in the present article on the example of three countries. Although these countries differ even in terms of the understanding of the right of ownership itself (meaning the difference with respect to English law), "notice" is crucial in all three of them as part of the assessment of the bona fide acquisition of a right to immovable property. Thus, a comparative study of the "notice" component provides an opportunity to draw valuable conclusions.