From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA>
To: ENRICHMENT@LISTS.MCGILL.CA
Date: 02/03/2011 13:57:27 UTC
Subject: [RDG] restitution of movable property - law reform
RDG members may be interested in a recent discussion paper (no. 144) by the Scottish Law Commission,  "Prescription and Title to Moveable Property", which considers options for law reform.  This deals with positive (acquisitive) prescription (= usucapio, ersitzung, etc).  There is comparative discussion, and specific consideration of the position of cultural objects.  It's available online at the SLC website ( http://www.scotlawcom.gov.uk/consultations/  )
 
If doing comparative research in this area, you should be warned that - according to the official commentary to the Draft Common Frame of Reference in the EU (p 4930, note 61 to Book VIII 4:101) - under the reformed French Code Civil "movable property can still be acquired by continuous passion [SIC] in bad faith after thirty years".
 
Ross Macdonald  (University of Dundee)
 
 
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