A Topic of Moral Theology

Possession of Another's Property in Good Faith

The good-faith possessor: what he must restore when the truth appears, and what he may keep for expenses and fruits.

Within this topic

Also asked about as…

bought something stolen without knowing · good faith possessor · innocent buyer of stolen goods · the possessor in good faith (ed.)

In the index as Possessor in good faith (Possessor bonae fidei) · Possessor · Restitution · Fruits · Faith · Possession · Sale · Buying-Selling · *Possessor bonae fidei* · *Res naturaliter perit domino* · A possessor of another's thing · Eviction · Expenses · Good faith · *Casum sentit dominus* · *Res clamat domino* · Accession · Another's thing · Buyer · Deposit · Expenses to be restored by a possessor in good faith · Fruiting of a Thing · Fruits as regards usufruct · Fruits of a thing

In the manuals

Summa of Moral Theology (Summa Theologiae Moralis)

Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Third. On the Repa…, Question First. On Restitu…, Article First. On the Possessor in Good Faith, nn. 437, 438, 439, 440, 441 & 442 (6 passages — hover a number to read it)

A Manual of Moral Theology for English-Speaking Countries

Vol. I, Bk. VI, Pt. VII, Div. III, Ch. II, Section I. Possession of Another's Property in Good Faith, nn. 1, 2 & 3 (3 passages — hover a number to read it)

Manual of Moral Theology (Manuale Theologiae Moralis)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. I, Art. II, § I, Point II, IV. On Possession, n. 776 — II. Division of possession. Possession, not indeed by reason of itself but by reason of the mind with which it is possessed, is divided into possession of good, bad, and doubtful faith. 1. Good faith is had when the poss… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. II, Ch. II, Art. II, § I, Point I. On the Possessor in Good Faith, nn. 983, 984 & 985 (3 passages — hover a number to read it)

Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.

Vol. I, Treatise on Justice and Ri…, Third Part. On Restitution, Sect. I, Ch. I, Art. I, § I. On the Possessor of Good Faith, nn. ¶1, 635, 636, 637, 638, 639, 640, 641, 642, 643 & 644 (47 passages — hover a number to read it)

Synopsis of Moral and Pastoral Theology

Vol. III, Contracts, and the Obligat…, On the Virtue of Justice (…, Part I — Chapter III: On Restitution, nn. 493, 494, 495, 496, 497 & 498 (6 passages — hover a number to read it)

A Handbook of Moral Theology (Koch–Preuss)

Vol. V, Pt. I, Ch. V, Sect. 10, A. Restitution in General, Article 1: The Duty of Restoring Property Belonging to Others, nn. ¶18, ¶19, ¶20 & ¶21 (4 passages — hover a number to read it)

Manuale Theologiae Moralis

Vol. II, Tr. XI, Sect. I, Q. III, Ch. IV, Art. II, § 1, Or On The Possession Of An…, 1. On The Possessor In Good Faith, nn. 209, 210, 211, 212, 213, 214 & 215 (7 passages — hover a number to read it)

Institutiones Morales Alphonsianae

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. II, Art. I, § 1. ON THE POSSESSOR OF GOOD FAITH, nn. ¶1, ¶2, ¶935, ¶936, ¶937, ¶938 & ¶939 (7 passages — hover a number to read it)

Theologia Moralis Sancti Alphonsi: Reduced into a Compendium

Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. II, Art. I, § I. On the Possessor of Good Faith, nn. ¶1, ¶722, ¶723, ¶724, ¶725, ¶726, ¶727, ¶728, ¶729, ¶730 & ¶731 (11 passages — hover a number to read it)

Compendium of Moral Theology

Vol. I, Tr. VIII, Pt. III, Sect. I, Ch. II, Art. I, § I. On the Possessor of Good Faith, nn. 416, 417, 418, 418, Q. 2, 418, Q. 3, 418, Q. 4 & 418, Q. 5 (7 passages — hover a number to read it)

Summa Summae S. Thomae (Billuart)

Billuart, Summa Summae, Tomus III. On the Secunda …, On Right and Justice, On the Act of Commutative …, How restitution is to be made by a possessor in good faith, nn. 1–37 (37 passages)

Billuart, Summa Summae, Tomus III. On the Secunda …, On Right and Justice, On the Act of Commutative …, Whether one who in good faith bought a stolen thing is bound, when he learns it is stolen, to give it back to the true owner?, nn. 1–21 (21 passages)

Summa Theologiae Moralis

Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Third Part: Concerning Com…, Section A: Concerning the …, Question Two: Concerning t…, Article II: On Detention of a Thing Received, nn. ¶1, 298, 299, 300 & 301 (42 passages — hover a number to read it)

Christian Theology, Dogmatic and Moral, in Compendium

Diss. II, Chapter I — The notion of restitution, and the principles from which it proceeds. Tardy debtors and their confessors are admonished, n. XX — XX. QUESTION XIII. What fruits is a possessor of good faith bound to restore? ANSWER. He is bound to restore all natural fruits, if they subsist, expenses being deducted; if they have been consumed, that in which he has … Read in context →

Diss. II, Chapter II — On those who either hinder others from obtaining some good, or cooperate in the loss of others, n. XXXIX — XXXIX. If a possessor of good faith send a thing found by an honest man to its lord, and it perish, he is not liable to a new restitution. Since he is held neither from unjust acceptance nor from the thing received. But … Read in context →

Treated under the broader heading First Root of Restitution — The Casuist — this work does not divide the matter as finely as we do here, so its treatment stands one heading up (ed.)