INTRODUCTION TO CIVIL LAW AND PERSONS

INTRODUCTION TO CIVIL LAW AND

PERSONS

SUBJECTIVE GOOD FAITH II

SUBJECTIVE GOOD FAITH II

• The role of the subjective good faith

• Art. 988/989 of TCC

• Art. 1024 of TCC

• The proof of the subjective good faith

SUBJECTIVE GOOD FAITH II

• Subjective good faith will cover some imdepiments for obtaining a right.

• In other words, it helps a person by protecting her against some negative results.

• For instance, in some cases, the lack of a condition for obtaining a right can be fulfilled

by the help of the subjective good faith. This will lead that person to obtain the right.

SUBJECTIVE GOOD FAITH II

• TCC 988

• According to TCC 988, someone who gets the property of a movable from a person who is a reliable possessor, it will get the property right, even the exchanger person do not have a power of disposition.

• In this case, the subjective good faith plays a role of obtaining a property right on a

movable and it fill the lack of the power of disposition.

SUBJECTIVE GOOD FAITH II

• This article can be applied for limited real rights.

• In case there is an other condition missing in the transaction, the subjective good faith will not mend this problem.

• In other words, according to the article 988 of TCC, subjective good faith can only effect to the lack of the power of disposition.

• Recall that the transfer of the property right or other real right on a movable will be made

by the transfer of the possession on it.

SUBJECTIVE GOOD FAITH II

• Article 1023 of TCC

• This article applies for the unmovables.

• In case of the transfer of a real right on an unmovable, if the receiver receives the right from a person who is written as an «owner» on the register, but for a reason he/she is not, if the new owner of this right has subjective good faith, he/she will become the new

rightholder.

SUBJECTIVE GOOD FAITH II

• Here, pretty much logic plays role as TCC 988.

• The person who is written as owner on the register has no power of disposition.

• So normally, his/her legal actions will be invalid. But as the receiver has subjective good faith, he/she becomes the new owner.

• So good faith again mends the lack of the power of disposition.

SUBJECTIVE GOOD FAITH II

• The new right owner should have the subjective good faith.

• In legal entities, the person who represent this legal entity should have the subjective good faith.

• There is a presumption in favor of the existence of the subjective good faith.

• The subjective good faith must exist at time of the completion of the legal transaction.