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The question as to whether the buyer of immovable property should still be able to receive the ownership of the property in case the seller goes bankrupt prior to conveyance, has sparked academic debate in many jurisdictions. In the context of immovable property, many scholars feel it is justified to provide additional protective measures in favour of the buyer and hence provide buyers with some sort of proprietary interest, prior to conveyance. But exactly which circumstances justify these protective measures under current law? And what is the most desirable way to protect the buyer in terms of scope of application and effect? This article will answer these questions on the basis of a newly-developed theoretical framework.

The present article compares the legal rules on the good faith acquisition of movables in various national legislations of both Member states and countries outside the EU, in order to analyze the differences of the three major types of legal approach towards this means of original acquisition of ownership over movables. It is underlined that the existing diversity in the regulation can cause serious difficulties when multiple jurisdictions are concerned. One of the solutions to this issue is the unification of these rules at the EU level. The provisions of Book VIII, art.3:101 of the Draft Common Frame of Reference provide a solid foundation for this unification and may help to solve cross-border cases in a more efficient and just manner.