Annotation

One of the conditions for the protection of a bona fide acquirer is the disposal of property from the possession of the owner or the person to whom the thing was transferred by the owner, at will. Legal science has traditionally considered the nature of the owner's will to dispose of property solely in the context of expressing will through the transfer of a thing by the owner himself or by the person to whom it was transferred by the owner to a third party. However, the transfer of a thing is only a special case of the owner expressing his will to dispose of the property. In particular, the owner's will regarding the disposal of property from possession can be expressed through silence. At the same time, the will can be recognized in silence only in cases where it is consistent and reasonably necessary for the subject to perform certain actions in a particular situation, while the person does not perform such actions.