I think you are right,it was an English law doctrine and did not apply
in Scotland, however I thought that it had been abolished in England.
Was there not a case where the (late?) Alan Clark MP successfully sued
for the return of a stolen painting which had been sold to an innocent
purchaser in Bermondsey market?
I believe that there is a statute of limitation though and if the
original owner does not establish his claim within 6 years then an
innocent purchaser could I suppose obtain good title.
D
-----Original Message-----
From: olympus-owner@xxxxxxxxxx [mailto:olympus-owner@xxxxxxxxxx] On
Behalf Of John Hudson
Sent: 25 October 2006 10:58
To: olympus@xxxxxxxxxx
Subject: [OM] Re: ODYSSEY SUCCESS!!!
----- Original Message -----
From: "David Bell" <david.w.bell@xxxxxxxxxxxx>
To: <olympus@xxxxxxxxxx>
Sent: Tuesday, 24 October, 2006 09:12 PM
Subject: [OM] Re: ODYSSEY SUCCESS!!!
>
> It is the same in Scotland which has a legal system with Roman origins
> unlike the English common law system.
>
> Generally speaking if you do not have good title to the goods you
cannot
> give good title to anyone else.
suggest you look into the Sale of Goods in the UK under "market overt".
You
may modify your opinion. Market overt does not [?] apply in Scotland.
jh
>
> The only exception I am aware of is under the Hire Purchase Act of
1964?
> which was continued by the Consumer Credit Act 1974 which allows a
> private innocent purchaser to obtain good title of a motor car from
> another private individual even although it is still owned by the
> finance company. This does not apply to motor dealers, hence the need
> for a motor dealer to check the database.
>
> Dave
>
> -----Original Message-----
> From: olympus-owner@xxxxxxxxxx [mailto:olympus-owner@xxxxxxxxxx] On
> Behalf Of Manuel Viet
> Sent: 24 October 2006 21:23
> To: olympus@xxxxxxxxxx
> Subject: [OM] Re: ODYSSEY SUCCESS!!!
>
>
> Le mardi 24 Octobre 2006 21:47, Chris Barker a écrit :
> > It does. That's why there is a whole industry dedicated to checking
> > that cars are not stolen or the subject of defaulted HP payments.
>
> That corroborates what I was reading about common law ; it's
surprising
> for us
> romanists, but in Christos' case it's much welcome. It doesn't work
the
> same
> in continental Europe. I've learnt something that can become very
useful
>
> someday for me.
>
> --
> Manuel Viet
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