Ostensible Ownership and Motor Vehicle Financing in England: A Dilemma for Legal Reform? Available to Purchase

This paper focuses upon the common law and developed legislative position to the ostensible ownership problem whereby a non‐owner in possession of a motor vehicle purports to pass a good title in favour of an innocent purchaser. It is argued that the traditional conflict of principle between the nemo dat doctrine and the civilian possession vaut titre approach cannot provide a satisfactory ex post solution to the ostensible ownership problems that arise in the motor vehicle and more general asset finance context. What is advocated is an ex ante solution, namely, a notification mechanism which could resolve the current legal dilemma of determining where the loss should fall.