Buna credinţă, fundament al teoriei aparenţei şi al principiului publicităţii materiale
Good faith as the foundation of the theory of appearance and the principle of material publicity

Summary/Abstract: The purpose of this article is to analyze the numerous controversies existing both at the level of legal doctrine and case law, as a result of the absence of an explicit definition of good faith, one of its particular applications being the principle of material publicity enshrined in Article 901 of the Civil Code, as well as the theory of appearance. Given that there is neither an explicit definition of good faith nor a regulation of the conditions of apparent ownership, divergent solutions have emerged in judicial practice. Thus, some courts have considered that the standard of common and invincible error is that of a person exercising the highest degree of prudence and diligence, while others have held that the standard is that of a person exercising reasonable prudence and diligence; case law has also outlined the idea of a similarity between good faith and common and invincible error. In this context, the article includes, in the first part, an analysis of the interdependence between good faith and appearance in law (I); in the second part, an analysis of the conditions of the theory of apparent ownership (II); in the third part, the legal relationships arising between holders of apparent ownership are presented (III). Furthermore, in the fourth part, the article presents the judge’s discretionary power and active role in the application of the principle of material publicity and the theory of apparent ownership (IV), while the final chapter analyzes appearance in law and the principle of material publicity as modalities of the sale of another’s property (V).

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