A complete reading of article 948 of the Civil Code: When it is necessary to make distinctions where the law does not make them

Authors

DOI:

https://doi.org/10.47796/derecho.v13i13.906

Keywords:

Civil code, Improper payment, A non-domino acquisition, Onerousness

Abstract

Systematic interpretation allows rules to complement each other. This article aims to understand that the scope of Article 984, regarding the acquisition of personal property, only provides protection to those who acquire it for value, even though the Article itself does not suggest such conclusion. Therefore, the way to find a more appropriate meaning is in the rules on undue payment. Through interpretative work, we will realize that our Civil Code can be more harmonious and systematic than we think, regarding the protection of the third party.

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Published

2024-04-24

How to Cite

Fuentes Coaguila, D. A. (2024). A complete reading of article 948 of the Civil Code: When it is necessary to make distinctions where the law does not make them. DERECHO, 13(13), pp. 45 – 83. https://doi.org/10.47796/derecho.v13i13.906