Recovery of Sold Property

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in Roman law and later in civil law, the retaking of property from a buyer on grounds that arose before the sale.

Under Soviet law, recovery of sold property is regulated by the civil codes of the Union republics—for instance, Articles 250 and 251 of the Civil Code of the RSFSR. The codes specify that the seller is obliged to reimburse the buyer for the loss suffered if the buyer is deprived of the goods by the judgment of the court. Both the buyer and seller must be party to the proceedings and must take part in them on the side of the buyer. Failure of the buyer to involve the seller in the case frees the seller from responsibility, provided he shows that he could have prevented the buyer’s being deprived of the goods if he had taken part in the proceedings.

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