2019

DOI:https://www.doi.org/10.31178/AUBD.2019.10

Abstract:The saleof another person’s property is, obviously, a matter of interest to civil law legislation and doctrine. However, there are criminal offenses that arise from such a transaction when it is carried out without the owner’s consent. The first part of this article analyzes the criminal offenses associated with such a transaction and the applicable justifying grounds, specifically breach of trust, fraudulent management, embezzlement, fraud, and—from a certain perspective—theft, as well as the exercise of a right and the state of necessity. Since the sale of another’s property does not concern, as noted, criminal law alone, the second part of the article analyzes the consequences regarding civil claims in criminal proceedings, outlining the procedural position of the owner whose property was sold without their consent, as well as that of the third-party purchaser.

Keywords: saleof another person’s property, breach of trust, fraudulent management, embezzlement, fraud, nullity, justifying grounds