Academia.eduAcademia.edu

Outline

Sprzedaż Rzeczy Kradzionej

2017, Zeszyty Prawnicze

https://doi.org/10.21697/ZP.2012.2.1.03

Abstract

THE SALE OF STOLEN GOODSSummary The most complex analysis of the legal consequences resulting fromthe sale of stolen goods can be found in the Digest 18,1,34,3. Paul frames three separate hypotheses, in which the solutions differ depending on whether the contracting parties, or at least one of them, when stipulating the contract, were aware that the goods for sale had been stolen. If both parties were aware that the object of sale was res furtiva, the contract was void, i.e. neither party was obliged towards the other. Where only the buyer was aware of the circumstances then the seler was not bound by the contract. However, only if he voluntarily delivered his performance, could he demand payment. If only party aware that the goods were stolen was the seller, whereas the buyer concluded the contract in good faith, the sale was valid as a whole. This judgement conforms with the opinion of earlier jurisprudence, especially that of Pomponius.The question of what reason underpinned the ...