Personal property is acquired at the time of delivery

2022-07-17 0 By

Editor comrade: painter Deng mou sells one of his paintings to Chen Mou, both sides agree to give the painting to Chen mou after Deng mou finishes the exhibition 15 days later.Did not expect deng mou in the second day of signing the contract with Chen mou, and the painting to a higher price sold to Qiao mou, and Qiao mou did not know deng mou previously sold the painting to Chen mou, after paying the money that took the painting.Excuse me qiao mou and Chen mou who has the ownership of this painting?Zhao Ming Zhao Ming Reader: This case involves two civil legal issues of possession modification and acquisition in good faith.Article 228 of the Civil Code stipulates: “When the real right of a chattel is transferred, if the parties agree that the transferor shall continue to possess the chattel, the real right shall come into effect when the agreement takes effect.”Deng sold the painting to Chen mou, agreed by Deng mou possession of the painting to the end of the exhibition, according to the law, the ownership of the painting from the effective of the agreement to transfer to Chen Mou, that is, at this time Chen mou is the owner of the painting.Qiao mou bought this painting without knowing it, which is acquired in good faith. According to the provisions of article 311 of the Civil Code, the original chattel owner shall not request the third party to return it, but can only ask the transferor to compensate for the loss.Deng sold the painting to Chen mou and agreed to change the possession, Chen mou is the ownership of the painting, Deng mou has no right to sell the painting to others.The assignee Qiao did not know that the painting did not belong to Deng, the purchase of the painting, in accordance with the “Civil Code” bona fide acquisition system, so he can finally enjoy the ownership of the painting.Chen mou’s loss, can ask Deng Mou compensates lawfully.Declaration: The copyright of this article belongs to the original author, if there is a source error or infringement of your legitimate rights and interests, you can contact us through the mailbox, we will promptly deal with.Email address: jpbl@jp.jiupainews.com