Javítandó és jobbítható elemek a Ptk. kodifikációjában: Miskolci konferenciák 3.6.2011 - Miskolc: Novotni Alapítvány a Magánjog Fejlesztéséért, 2012., ISBN 9789639360846. p. 137-147.

The Dilemma of "nemo plus iuris" and Good Faith in Civil Law

Tivadar Ötvös

Abstract

The article deals with the contradiction of two basic private (civil) law principles: one of them is the well known roman sentence, according to which no one can transfer to another a larger right than he himself has; and the other one is the principle of good faith. Their controversy can result in "hard cases" especially in the field of immovable property rights, which are difficult to decide.
Full Paper
Tivadar Ötvös
Research Associate

Tivadar Ötvös, Research Associate at gLAWcal, Master Candidate at College of Europe in Bruges and EU commission Marie Curie Fellow at Tsinghua University and at Beijing Normal University (Beijing, China). PhD in Civil Law at the Pavol Jozef Šafárik University in Košice - specialization: Legal Principles.

Summary

The article deals with the contradiction of two basic private (civil) law principles: one of them is the well known roman sentence, according to which no one can transfer to another a larger right than he himself has; and the other one is the principle of good faith. Their controversy can result in "hard cases" especially in the field of immovable property rights, which are difficult to decide.

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