Finder's reward, finder's obligations and legal peculiarities
The finder is entitled to a finder's reward, which is determined by law and depends on the value of the object. If the parties cannot agree on the amount of the finder's reward, the minimum amount is determined by law. For objects worth up to €500, it is 5% of the price; for objects worth more than €500, the finder's fee for the first €500 is 5% and for the amount exceeding €500, it is 3%. This ensures that the finder receives appropriate compensation based on the value of the find.
In the case of property whose value significantly exceeds its market value, the finder and the owner can agree on a finder's reward. This allows for the special nature and uniqueness of such objects to be taken into account.
If the owner of the item is identified, the finder is entitled to a reasonable finder's reward. If the owner refuses to pay a finder's reward or compensation for the costs associated with the search, the finder can assert their claims in court.
The finder's reward can be reduced in certain public areas, e.g. if the item was found in public transport, train stations, bus stops, trams or in rooms of state institutions. In these cases, the finder's reward is halved. To receive a reward for finding an item, the value of the item must be at least 50 euros. This means that no reward is paid for items of lesser value.
It is also important to note that employees of institutions and public transport are not entitled to a reward if they have found the item in the course of their duties. This is to avoid possible conflicts of interest and to ensure neutrality when determining ownership of the found items. This restriction is important to ensure the fairness and reliability of the finder's reward process.
The finder has the right to take custody of the item. They can choose to keep the item themselves by informing the police or another law enforcement agency of the find and providing their contact details and place of residence. In this case, the finder is not obliged to hand over the lost property to the police, but can keep it themselves.
Keeping the lost property can have some advantages for the finder. On the one hand, he can be reimbursed for all costs associated with the safekeeping, e.g. for the care or maintenance if it is an animal. On the other hand, depending on the legal system and the retention period, the finder can acquire full ownership of the lost property after the deadline has expired, without the original owner being able to demand the return.
If the finder has found a lost object or a lost animal and has decided to take responsibility for the animal, additional expenses such as food, veterinary costs or other necessary expenses for the animal's well-being may arise. By law, the owner of the lost property or animal is obliged to reimburse the finder for these additional costs. In doing so, it is important to document the actual expenses and provide appropriate receipts for any medical treatment provided or food purchased.
If the owner is unknown or unwilling to cover the costs, the finder can contact the lost property office or local self-government and request reimbursement for the additional costs of storing and caring for the lost property or animal.
It is important to be aware that in some cases there may be an obligation to hand over the found item to specific authorities such as the lost property office or the police, especially if this is required by law in your country or region. It is advisable to familiarise yourself with local regulations and procedures regarding lost property to ensure compliance with all applicable laws and regulations.
The distinction between ‘lost property’ and ‘treasure’ has legal significance, as the rights and obligations of the finder and the owner may differ depending on the type of find. Lost property is usually an item that has been discovered by chance and that the owner has lost or forgotten. In the case of lost property, the identifying features of the item are preserved and the owner can theoretically be identified. A treasure, on the other hand, consists of hidden valuables or treasures that were buried or forgotten in the past and whose ownership usually cannot be traced or assigned to a specific person. In the case of a treasure, it may be impossible to determine the true origin or owner.
In some countries, the right to a treasure may be regulated by special laws or ordinances.
