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.
Marketovert or marché ouvert (Law French for "open market") is an English legal concept originating in medieval times governing subsequent ownership of...
stolen property, the Sale of Goods (Amendment) Act 1994 abolished the "marketovert" exception to the nemo dat rule in 1995. In the case of Bruton v London...
ISBN 0-10-543294-6 "'Thieves' charter' nears end of its reign: The law of marketovert may". Independent.co.uk. 23 October 2011. Columns 663,664 Archived 2007-03-11...
market overt. Hours: 4am - 12 noon Friday. Brick Lane Market, at the northern end of Brick Lane and along Cheshire Street in East London. The market developed...
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the statute cuts off both equitable and legal claims to the title. Marketovert Nemo dat quod non habet Title insurance in the United States Kingsnorth...
however bonâ fide the purchase may have been; but if the sale be in marketovert to a person who has no knowledge of the felony or trespass, then the...
the firm. An oligopoly may engage in collusion, either tacit or overt to exercise market power and manipulate prices to control demand and revenue for a...
moral philosopher Adam Smith that describes the incentives which free markets often create for self-interested people to act in the public interest....
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property rights, a lack of market clearing prices and overblown or distorted productive capacities in relation to analogous market economies. Major errors...
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industry is widely considered both inside and outside the country to be overtly politicized. Unlike the BBC which is controlled by a board of governors...
linguistic market, standard languages usually enjoy more value due to the high overt prestige associated with them while on linguistic markets that value...
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resulted in much better health outcomes and poverty reduction compared to overtly neoliberal countries like the United States, in order to "stand as a beacon...
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