1896de Book3 Chapter03 Title03 Part06

GERMAN CIVIL CODE OF 1896

• Based on the English Translation by: Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on Archive.org]
• Original Version in German.

Book III. Low of Things.

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Chapter III. Ownership.

Title III. Acguisition and Loss of Ownership of Moveables.

Section 965.

• [I] A person who finds a lost thing and takes possession of it shall give notice without delay to the loser, or the owner, or any other person entitled to receive it.
• [II] If the finder does not know the persons who are entitled to receive it, or if their residence is unknown to him, he shall without delay give notice to the police authority of the finding and of the circumstances which may be material for the discovery of the persons entitled to receive the thing. If the thing is not worth more than three marks, notification is not required.

Section 966.

• [I] The finder is bound to keep the thing in his custody.
• [II] If the destruction of the thing is to be apprehended, or if its custody involves disproportionate expense, the finder shall cause the thing to be sold by public auction. Before the auction notice shall be given to the police authority. The proceeds take the place of the thing.

Section 967.

• The finder is entitled and, upon direction by the police authority, bound to deliver the thing or the proceeds of the auction to the police authority.

Section 968.

• A finder is responsible only for wilful default and gross negligence.

Section 969.

• A finder, by returning the lost thing to the loser, is discharged from liability as against all other persons entitled to receive it.

Section 970.

• If the finder, for the purpose of keeping or preserving the thing, or for the purpose of discovering some one entitled to receive it, incurs any outlay which he may consider necessary under the circumstances, he may require reimbursement from the person who is entitled to receive it.

Section 971.

• [I] The finder may demand a reward from the person entitled to receive the thing. The reward amounts to five per cent. of the value of the thing up to three hundred marks, and one per cent. on value in excess; in the case of animals one per cent. If the thing has a value only for the person entitled to receive it, the reward shall be determined in an equitable manner.
• [II] The claim is barred if the finder violates the duty of giving notice, or conceals the finding upon inquiry being made.

Section 972.

• The provisions of 1000 to 1002 applicable to the claims of a possessor against an owner on account of outlay incurred apply mutatis mutandis to the claims specified in 970, 971.

Section 973.

• [I] Upon the lapse of one year from the notice of the finding to the police authority the finder acquires ownership of the thing, unless within such period a person entitled to receive it has become known to the finder, or has notified the police authority of his right. Upon the acquisition of ownership all other rights over the thing are extinguished.
• [II] If the thing is not worth more than three marks, the period of one year begins to run from the date of the finding. The finder does not acquire ownership, if he conceals the finding upon inquiry being made. The notification to the police authority of a right does not prevent the acquisition of ownership.

Section 974.

• If, before the expiration of the period of one year, persons entitled to receive the thing have become known to the finder, or if they have in due time notified the police of their rights in the case of a thing worth more than three marks, the finder may, under the provisions of 1003, call upon them to make a declaration whether or not they will satisfy the claims which he has under 970 to 972. Upon the expiration of the period for the declaration the finder acquires ownership, and all other rights over the thing are extinguished, unless the persons entitled to receive the thing duly declare themselves ready to satisfy the claims.

Section 975.

• The rights of the finder are not affected by delivery of the thing or of the proceeds of its sale by auction to the police authority. If the police authority cause the thing to be sold by auction, the proceeds take the place of the thing. The police authority may restore the thing or the proceeds to a person entitled to receive it only with the consent of the finder.

Section 976.

• [I] If the finder waives before the police authority his right to acquire ownership of the thing, his right passes to the communal authority of the place of finding.
• [II] If the finder, after delivery of the thing or the proceeds of its sale by auction to the police authority, has acquired ownership under the provisions of 973, 974, the ownership passes to the communal authority of the place of finding, unless the finder demands return of the thing or of the proceeds before the expiration of a fixed period allotted to him by the police authority.

Section 977.

• If a person is deprived of any right under the provisions of 973, 974, 976, he may, under the provisions relating to the return of unjustified benefits, demand the finder in the cases provided for by 973, 974, or the communal authority in the case provided for by 976, to return whatever the finder or the communal authority has obtained through the change of title. The claim is extinguished upon the expiration of three years after the transfer of ownership to the finder or the communal authority, unless the claim has been enforced in court within such period.

Section 978.

• A person who finds and takes possession of a thing in the business rooms or vehicles of transport of a public office or commercial agency serving for public transportation, shall deliver the thing without delay to the office or commercial agency, or to one of their officials. The provisions of 965 to 977 do not apply.

Section 979.

• [I] The office or commercial agency may cause the thing delivered to them to be sold by public auction. Public offices and commercial agencies of the Empire, of the States or of the communes may cause the auction to be held by one of their officials.
• [II] The proceeds take the place of the thing.

Section 980.

• [I] The auction is not permissible until after the persons entitled to receive the thing have been summoned by a public advertisement of the finding to give notice of their rights within a fixed period and the period has elapsed; it is not permissible if notice has been given in due time.
• [II] The advertisement is not necessary if destruction of the thing is to be apprehended, or its custody would involve disproportionate expense.

Section 981.

• [I] If three years have elapsed since the expiration of the period fixed in the advertisement, and if no one entitled to receive the thing has given notice of his right, the proceeds of the auction accrue to the Treasury of the Empire in the case of Imperial offices and agencies; to the Treasury of the State in the case of State offices and agencies; to the communal authority in the case of communal offices and agencies; and in the case of commercial agencies conducted by a private person to such person.
• [II] If the auction has been held without the public advertisement, the three years' period does not begin to run until after the persons entitled to receive the thing have been summoned by a public advertisement of the finding to give notice of their rights. The same rule applies if money found has been handed over to the proper authority.
• [III] The costs shall be deducted from the amount to be handed over.

Section 982.

• The advertisement prescribed in 980, 981 is made according to the provisions enacted by the Federal Council in the case of Imperial offices and agencies, or by the central authority of a State in all other cases.

Section 983.

• If a public office is in possession of a thing which it is bound to deliver to a person without the obligation resting upon any contract, and if the person entitled to receive it or his residence is unknown to the office, the provisions of 979 to 982 apply mutatis mutandis.

Section 984.

• If a thing is discovered which has been so long concealed that its owner can no longer be found (i.e., treasure trove), and in consequence of the discovery is taken possession of by the discoverer, the ownership as to one moiety is acquired by the discoverer, and as to the other moiety by the owner of the thing wherein the treasure trove was concealed.