Правна защита на добросъвестния приобретател на движими вещи a non domino – необходимост от хармонизация за уредбата в Европейския съюз
Legal Protection of the Bona Fide Acquirer of Movables: The Need for Harmonisation of the Regulation in the European Union

Summary/Abstract: The article compares the legal rules on the bona fide acquisition of movables in various national jurisdictions in the European Union, in order to analyse the differences of legal approaches towards this type of original acquisition of the right to ownership of movables. It is underlined that the existing divergences in the regulations cause serious difficulties in the process of their implementation, when multiple jurisdictions are concerned. The overcoming of this problem makes the unification, or at least harmonisation, of these rules at the EU level even more urgent. The analysis focuses on the legal ideas regarding the bona fide acquisition of movables under Art. VIII-3:101 (Good faith acquisition through a person without right or authority to transfer ownership) of the Draft Common Frame of Reference (DCFR’ 2009). The studied rule can provide a solid foundation for the legal unification or harmonisation in European jurisdictions and may help to solve cross-border cases more efficiently.The article compares the legal rules on the bona fide acquisition of movables in various national jurisdictions in the European Union, in order to analyse the differences of legal approaches towards this type of original acquisition of the right to ownership of movables. It is underlined that the existing divergences in the regulations cause serious difficulties in the process of their implementation, when multiple jurisdictions are concerned. The overcoming of this problem makes the unification, or at least harmonisation, of these rules at the EU level even more urgent. The analysis focuses on the legal ideas regarding the bona fide acquisition of movables under Art. VIII-3:101 (Good faith acquisition through a person without right or authority to transfer ownership) of the Draft Common Frame of Reference (DCFR’ 2009). The studied rule can provide a solid foundation for the legal unification or harmonisation in European jurisdictions and may help to solve cross-border cases more efficiently.

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