This is one maxim Latina of right civil meaning literally: "The bad faith "The unforeseen event does not cause harm.".
Meaning and application
El principle It states that if a person acquires a right or make a act legal de good faith at the initial moment, the done that he or she may subsequently discover or incur in bad faith does not affect or invalidate el right acquired nor the act already perfected.
In other words: the bad faith that arises after (superveniens) does not have effects retroactive measures that harm the validity of the act o right originating in good faith.
Classic application examples
- Possession de good faith (usucapio o prescription (acquisitive): If someone owns a carefully de good faith at the beginning of the possession, although later he discovers that title rd defective, retains the benefits of the good faith (For example, him calculation of the tiempo all with usucapir and fruits perceived).
- Acquisition a non dominoWho buys a carefully to someone who is not the real one ownerBut it does so in a good faith and meeting requirements (such as title translative and tradition), may be protected (according to the ordering), and if he later finds out about vice, it does not lose the protection already acquired.
On right Dominican
Although the Latin expression does not appear verbatim in the Dress Civil law Dominican, the principle It is incorporated in several provisions:
- Article 2279 del Dress Civil law (equivalent to 2276 French):»Regarding furniture, the possession vale titleThis protects the holder de good faith, and the bad faith The subsequent action does not undo that protection.
- Article 2280: The holder de good faith makes his own the fruits perceived. If afterwards it returns to bad faith, just stop appropriating the fruits future, but should not return those already received from good faith.
- Article 1167 (regarding the prescription): The good faith required for the prescription brief (10 years between present) is required only at the time of acquire la possession; The bad faith subsequent does not interrupt or invalidate the calculation.
