Good Faith – Implications regarding the property right and the possibility of paralyzing the claiming action by the good faith buyer

• Main Author: Cristina DINU
• Format: Article
• Language: English
• Published: Transilvania University of Brasov Publishing House 2012-01-01
• Series: Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law
• Subjects: property; good faith; bad faith; constitutive effects; good faith buyer.
• Online Access: http://webbut.unitbv.ro/Bulletin/Series%20VII/BULETIN%20VII/18_DINU.pdf

By law, good faith is presumed, the rebuttable presumption in this regard must be overturned by contrary proof by the party claiming adverse party bad faith. In the absence of contrary evidence, the rebuttable presumption of the existence of good faith produces legal effects often controversial in the current judicial practice. One of these effects is the crippling of legal actions of a claim by the buyer in good faith, to the detriment of the true owner who loses ownership in this manner.