The Appearance of Ownership: Sale of Another’s Property (an autonomous solution in Italy)

The Italian provision corresponding to the French “possession vaut titre” (art. 2279 of the French Code Civil) does not distinguish between stolen or lost goods, and goods entrusted to a person who has failed to keep them in safe custody for the owner (see art. 1153 Italian civil code). This change occurred in 1942, when a new code replaced the century reproduction of the previous one, which was a faithful 19th the French Code Napoléon. There are some explanations for this innovation (which places Italy in an isolated position in comparison with neighbouring countries in Europe): the distinction was not easily enforced in court, many exceptions applied, and it was not soundly established in the Roman tradition. The result is unfortunate: Italy has become a privileged market for stolen goods imported from abroad. Switzerland and Germany still distinguish how the goods left the owner’s possession. This text explores the foundations of the distinction and its implications, notably as it pertains to the burden of proof of good faith on the part of the buyer and the specific case of “cultural goods”.