House Bill No. by Representative Muscarello amends and reenacts Civil Code Article 2502, which governs the transfer of rights to a thing. The bill clarifies that a person can transfer all rights to a thing without guaranteeing the existence of those rights. It specifies that the transferor is not obligated to refund the price to the transferee in the event of eviction, and the transfer cannot be rescinded for lesion. Additionally, the bill establishes that the transfer does not imply bad faith on the part of the transferee and serves as just title for acquisitive prescription purposes.
The proposed law also states that if the transferor later acquires ownership of the thing after transferring rights, this new title does not benefit the transferee. Furthermore, it introduces a provision indicating that instruments deemed ineffective against third parties under Article 3338 are also ineffective for the transferee of rights to a thing. Overall, the bill retains the essence of existing law while making technical changes for clarity and precision.