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  1. 1 Studia Prawnicze

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  1. 1 2011

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  1. 1 Mularski K.

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Purchase of a movable property from subject without legal title in the light of a warranty for legal defects

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Mularski K.
Studia Prawnicze
|
2011
|
issue 3-4 (189)
241-264
EN
There is an ongoing disagreement both among legal science representatives and in court verdicts concerning the possibility of the purchaser to use warranty claim based on legal defects, when the legal title to the object had been obtained in the light of the Art. 169 of the Polish Civil Code. The aim of the article was to demonstrate that it is unacceptable for the purchaser to initiate an action on warranty because of legal defects of the movable property in case of the purchase from the subject who had no legal title to sell it. Specifically, it has been attempted to prove the inaccuracy of the popular belief that Art. 169 of the Polish Civil Code was established to protect the purchaser and not the vendor who is usually dishonest . The analysis leads to the conclusion that ownership (treated as a set of legal norms) could be perceived as a function assigning property (domain of a function) to certain civil law subjects (antidomain of a function).
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