Marché ouvert

Market overt or Marché ouvert (Law French for "open market") is an English legal concept originating in mediaeval times governing subsequent ownership of stolen goods. The rule was abolished in England and Wales but it is still good law in some common law jurisdictions such as Hong Kong.

In general, the sale of stolen goods does not convey effective title. However, under 'marché ouvert', if goods were openly sold in designated markets between sunrise and sunset, provenance could not be questioned and effective title of ownership was obtained. The law originated centuries ago when people did not travel; if the victim of a theft did not bother to look in his local market on market day—the only place where the goods were likely to be—he was not being suitably diligent.

The Sale of Goods (Amendment) Act 1994 was enacted to abolish 'Marché ouvert' in 1995. (This Amendment made no other changes to the Sale of Goods Act).

One designated market was Bermondsey Market in south London. A relatively recent case of stolen goods sold there was in the early 1990s when several portraits by well-known eighteenth century portrait painters, stolen from Lincoln's Inn each sold for less than £100 from an outside stall. Since they had been sold in 'market overt', the purchaser was able to keep them. To quote Minister for the Arts Estelle Morris in July 2003 during the Second Reading of the Dealing In Cultural Objects (Offences) Bill:

...
Wikipedia