Good Faith Acquisition of Movables in Albania
Abstract
The forecast of the institute of good faith acquisition of movables has been dictated by the need to ensure a fast moving and secure civil circulation of movables. Consequently the modern law, being revised so the ancient rule recognized in Roman law 'nemo dat quod non habet' (you cannot give what you do not have), acknowledges that the good faith acquirer of movables becomes the owner even when the thing does not belong to her, except when the object has been takewn from owner against his will. In this article, I will first focus on the regulation of the institute of good faith acquisition of movables, in the legislations of different European countries, focusing particularly on relevant provisions in Germany, France, Italy, and the United Kingdom. Furthermore, I will examine the regulation made to this institute in the articles 166-167 of the civil code of the Republic of Albania in force, analyzing the legal criteria required for its implementation.
Keywords: good faith, acquisition, movables, possession, ownership.
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