Post by Tamrin on May 9, 2012 5:52:51 GMT 10
Bermondsey Market
The opening hours of the Bermondsey Market from 6am until noon (some sources say 4am until 2pm) reflect the ancient law of market ouvert, which was abolished in 1995. Under this law, in number of designated markets, including Bermondsey Market, if an item was sold between sunrise and sunset then its provenance could not be questioned, so stolen goods could be traded and good title would pass to the purchaser. To quote Minister for the Arts Estelle Morris 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. Randall) 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 Hughes) 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.
Marché ouvert (Law French for "open market") 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 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.
'Marché ouvert' was abolished in 1995 by the Sale of Goods (Amendment) Act 1994.
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.
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.
'Marché ouvert' was abolished in 1995 by the Sale of Goods (Amendment) Act 1994.
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.
