Short answer. Yes, and usually without paying you anything. Article 559 protects a good-faith buyer of movables, but not against an owner who lost the thing or was unlawfully deprived of it. He may recover it from whoever holds it. Your money is recoverable only from the person who sold it to you.

What the law says

The possession of movable property acquired in good faith is equivalent to a title. Nevertheless, one who has lost any movable or has been unlawfully deprived thereof, may recover it from the person in possession of the same.

Civil Code, Article 559 — Good Faith Possession Of Movables. Read the full provision →

The rule and the exception that swallows it

The first sentence sounds like a complete answer for the honest buyer: possession of a movable acquired in good faith is equivalent to a title. The second sentence takes it back for the two situations that produce nearly every real dispute — the owner who lost the thing and the owner who was unlawfully deprived of it. Theft is the plainest case of unlawful deprivation. So the protection operates where the owner parted with the thing voluntarily and the trouble arose afterwards; it does not operate where the thing was taken from him.

Good faith does not save you, and it is not nothing either

Against the true owner your innocence is beside the point, because the article gives him recovery from the person in possession without asking how that person came by it. What good faith does protect is your position in the accounting: an honest buyer is not treated as a possessor in bad faith, so he does not face the harsher rules on fruits and on liability for loss. And it matters greatly outside this article, since a buyer who knew or should have known the goods were stolen has a criminal exposure that the honest one does not.

The one situation where you are paid first

The article's last sentence is the exception worth knowing: where the good-faith possessor acquired the thing at a public sale, the owner cannot obtain its return without reimbursing the price paid. Read that narrowly. A public sale is a sale conducted publicly under authority, not a busy second-hand shop, a weekend market or an online listing seen by thousands. Most people who invoke this have bought in a place that is merely public in the ordinary sense, and that is not what the provision means.

Where your money actually comes from

From your seller. He sold what he could not transfer, and your claim lies against him — which is why the receipt, his identity, the listing or chat thread, and the payment record are the documents that matter most once the item itself is gone. Ask the person claiming the item for proof it is theirs and that it was taken: the purchase invoice, the serial or IMEI, and the police report. And do not simply hand it over to a claimant who offers none, because the wrong claimant leaves you having lost both the thing and the claim.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.