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Return an item purchased regularly
L'Avvocato risponde
Thursday, 12 April 2012 17:54

Question:

Good morning,

time ago, I happened an unpleasant episode, these are the facts: a man (that I know of view, because the country is small) offered me a small mirror, declaring it as his property. Since the price was affordable, I was paying him and was retiring, then exposing it in my shop. A few days after his wife was the seller of the mirror, who demanded the return of an object as it was stated that he owned. I resisted the demands at the beginning, then to not have problems riconsegnai the mirror to the lady who made me the full price I previously paid. My question is: I was obliged to return the property or retain it and I could ignore the demands of the lady?

Thanks for the reply.

(PP)

Answer:

Dear reader,

right in the situation where a party acquires a right of ownership of an asset from another entity does not qualify as a holder of such right is called "acquisition a non domino" or "buying from those who are not owner", governed by Article . 1153 cc

The principle is that the one who is alienated a movable thing from those who are not owner acquires the property through possession, provided it is in good faith at the time of delivery and there is a suitable title abstract (that is, in and of itself valid) the transfer of ownership.

That said, she was not obliged to refund the mirror and the lady would take action against the husband for the value of the lost object.

Cordial greetings.

Attorney Veronica Gnudi

 

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