Market overt or marché ouvert (Law French for "open market") is an English legal concept originating in medieval times governing subsequent ownership of stolen goods.[1] The rule was abolished in England and Wales in 1994 but it is still good law in some common law jurisdictions such as Hong Kong and British Columbia.[2]
In general, the sale of stolen goods does not convey effective title (see Nemo dat quod non habet). However, under marché ouvert, if goods were openly sold in designated markets between sunrise and sunset, provenance could not be questioned, and effective title of ownership was obtained.[3][4][5] The concept originated centuries ago when people did not travel much; if the victim of a theft did not bother to look in his local market on market day—the only place where the goods were likely to be—he was not being suitably diligent.[6]
- ^ "Appendix 60: Memorandum submitted by the Council for the Prevention of Art Theft". Select Committee on Culture, Media and Sport: Appendices to the Minutes of Evidence. London: British House of Commons. 25 June 2000. pp. section 3.1.
- ^ "Sale of Goods Act". www.bclaws.ca. Retrieved 23 May 2019.
- ^ "'Thieves' charter' nears end of its reign: The law of market overt may". The Independent. 23 October 2011.
- ^ O'Connell, Anna (October 2005). "The Controversial Rule of Market Overt". Art Loss Review. Archived from the original on 8 October 2007. Retrieved 31 August 2007.
- ^ Lennon, Peter (15 March 2003). "A safe little earner". The Guardian. Retrieved 31 August 2007.
- ^ Bishopsgate Motor Finance Corpn. v. Tpt. Brakes, 1949 1 K.B. 322.
© MMXXIII Rich X Search. We shall prevail. All rights reserved. Rich X Search