Summary

Legal actions that are valid in civil transactions can be carried out, as a rule, only by an entitled subject, primarily the owner. No one can decide on the legal status of something without the owner’s consent. At the same time, however, there is also a consideration that cannot be denied in legal policies aimed particularly at economic development and the protection of investments. Namely, that civil transactions in a market economy society need security and stability. A person who is acquiring something in the spirit of honesty must be able to assume that his legal position regarding that which is acquired will remain secure. This is why the Estonian legal system also recognises the institution of acquisition in good faith.

On 1 July 2003 capacious amendments to the Law of Property Act entered into force, whereby regulation by the Law of Property Act as a whole was put into order. This also included reforming the norms for the good faith acquisition of movables. The article analyses the amendments made, examining them in the light of German theory and practice. The analysis of German law is due to the fact that a large part of the new regulation on the civil protection of movables has its origin in the German BGB. Attention is drawn to many of the problems regarding acquisition in good faith, and there is also closer examination of the applicable regulation in the new draft Family Law Act.