EL IUS AD REM Y EL ARTÍCULO 1473 DEL CÓDIGO CIVIL.

Abstract

The problems derived from the selling of the same property to multiple buyers are centered in finding which of the buyers will be deemed the definitive lawful owner. The various interests in play require the recourse, first, to the system established in article 1473 of the Spanish Civil Code; and secondly to the different actions that guard property rights, having as a basic principle the concurrence of good faith in the one who claims ownership; and then, it has to be added, to the transfer system of article 609 of the Spanish Civil Code. The authors and the courts have given various solutions in order to solve the controversy regarding the rights of the different buyers. What we note here is the possibility of resorting to the rights derived from the ownership of a jus ad rem, understanding that article 1473 of the Spanish Civil Code doesn't have the strength of the historical figure, but that of a germane figure based upon the operation of good faith as an special determinant of the tradition system of the Spanish Civil Code.