ABSTRACT

This chapter is concerned with the consequences of a situation in which a seller purports to transfer absolute title in goods when he has no right to do so. An owner of art or antiquities can contact the Art Loss Register and may be able to supply photographs of the items taken with notes of unusual features. Where goods have disappeared or have been destroyed, legal title to the goods themselves will have been extinguished. Obviously there can be no conflicting title claims to the goods. The basic principle is nemo dat quod non habet: a transferor cannot give a better title to property than he or she possesses. The law relating to time limits in actions involves the same policy issues as the law relating to conflicting claims to goods. The law deals with conflicting claims from the original owner and the good faith purchaser by taking an “all or nothing” approach.