Lexipedia

Good faith acquisition

Good faith acquisition allows a person who trusts an apparent legal position to acquire rights despite a defect in the transferor’s title.

Good faith acquisition is a corrective to strict ownership and entitlement rules. In Swiss law it is especially relevant for movable property, securities and registers, where commerce relies on visible possession or recorded rights. A person who acquires for value and lacks knowledge of the defect may, under specific conditions, obtain a valid right even if the transferor was not entitled. The protection is not unlimited: bad faith, gross negligence, stolen or lost objects, and special restitution rules may prevent or limit acquisition.

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