نوع المستند : بحث
المستخلص
Abstract
Possession of a movable property in good faith is the title deed or the possessor’s deed if its conditions are met. Although this rule is a principle, it is subject to an exception that hinders its application with regard to stolen, lost or usurped items that came out from under the owner’s control without his or her will, but through fraud or misappropriation. Breach of trust. The owner has the right to recover these movables within three years of theft or loss. If the owner is able to seek recourse against the possessor in good faith, then the possessor in good faith has the right to withhold the stolen item until he receives the price he paid in cases stipulated in some legislation that obligate the owner to expedite the possession to the possessor in good faith. The price he paid, and the possessor in good faith also has the right to seek recourse against the possessor in bad faith from whom he received the right, according to the general rules of entitlement. There are cases in which the possessor in good faith does not have recourse against anyone, that is, there is no one to compensate him for the harm he suffered, and he cannot seek recourse against the state with a claim. It is entitled to compensation because the person who caused the damage is unknown, because this, as we will see, encourages theft.
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