Marché ouvert
Encyclopedia
Marché ouvert or market overt was an English legal concept originating in mediaeval times governing subsequent ownership of stolen goods.
In general, the sale of stolen goods does not convey effective title. However, under 'marché ouvert', if goods were openly sold in designated market
s between sunset and sunrise, 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.
'Marché ouvert' was abolished in 1995 by the Sale of Goods (Amendment) Act 1994.
As the market opens, so do the opportunities to vandalize private and public property. One designated market was Bermondsey Market
in south London
, explaining its 4am opening hour and unsavoury reputation. A relatively recent case of stolen goods sold there was in the early 1990s when several portraits by well-known 18th 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:
In general, the sale of stolen goods does not convey effective title. However, under 'marché ouvert', if goods were openly sold in designated market
Market
A market is one of many varieties of systems, institutions, procedures, social relations and infrastructures whereby parties engage in exchange. While parties may exchange goods and services by barter, most markets rely on sellers offering their goods or services in exchange for money from buyers...
s between sunset and sunrise, 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.
'Marché ouvert' was abolished in 1995 by the Sale of Goods (Amendment) Act 1994.
As the market opens, so do the opportunities to vandalize private and public property. One designated market was Bermondsey Market
Bermondsey Market
Officially called New Caledonian Market, Bermondsey Market is an antiques market located at Bermondsey Square on Tower Bridge Road in Bermondsey, part of the London Borough of Southwark, in South London, England...
in south London
South London
South London is the southern part of London, England, United Kingdom.According to the 2011 official Boundary Commission for England definition, South London includes the London boroughs of Bexley, Bromley, Croydon, Greenwich, Kingston, Lambeth, Lewisham, Merton, Southwark, Sutton and...
, explaining its 4am opening hour and unsavoury reputation. A relatively recent case of stolen goods sold there was in the early 1990s when several portraits by well-known 18th Century portrait painters, stolen from Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
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
Estelle Morris
Estelle Morris, Baroness Morris of Yardley, PC was a British Labour Party politician, who was the Member of Parliament for Birmingham Yardley from 1992 to 2005, and served briefly in the Cabinet as Education Secretary.-Early life:...
in July 2003 during the Second Reading of the Dealing In Cultural Objects (Offences) Bill:
- I did not have information about marché ouvert in the deep recesses of my mind, but experts reliably inform me that it no longer exists. The hon. Member for Uxbridge (Mr. RandallJohn Randall (UK politician)Alexander John Randall, known as John Randall, is a Conservative politician in the United Kingdom, and is the Member of Parliament for Uxbridge and South Ruislip.-Early life:...
) will be surprised to learn that it has been abolished only recently. It used to exist in designated markets, including Bermondsey. I am sure that the promoter will be interested in telling the hon. Member for Southwark, North and Bermondsey (Simon HughesSimon HughesSimon Henry Ward Hughes is a British politician and Deputy Leader of the Liberal Democrats. He is Member of Parliament for the constituency of Bermondsey and Old Southwark. Until 2008 he was President of the Liberal Democrats...
) about that. In it, items could be sold before sunrise. Believe it or not, in this land of ours, people could sell stolen—my officials put "dodgy" in brackets, but we do not use that term—objects. I assure hon. Members that it has been abolished. I hope that that deals with the fears of the hon. Member for Uxbridge.