2019

DOI:https://www.doi.org/10.31178/AUBD.2019.08

Abstract:Although generallyconsidered illegal in the French civil law tradition, the sale of another person’s property has, in reality, been treated more subtly in positive law. Following its absolute prohibition in 1804, the legal treatment of this issue is now more nuanced, with tolerance for the sale of another person’s property in many cases.

This implicit acknowledgment comes as no surprise. On the contrary, it deserves to be encouraged, since it is well-suited to current sales practices—particularly with regard to consumer goods—and reestablishes a clearer distinction between the stages of contract formation and performance.

Keywords: sale of another person's property, nullity