Search for relevant paragraphs of the German Civil Code (BGB) on lost property at suchen.expert
Below you will find a detailed overview of the paragraphs of the German Civil Code (BGB) that specifically refer to the topic of lost property. These legal regulations are crucial for the correct handling of found objects:
Pursuant to § 965 of the German Civil Code (BGB), the finder's obligation to notify (notification of finding) applies as follows:
(1) Anyone who finds a lost item and takes it must immediately notify the loser or the owner or another authorised recipient.
(2) If the finder does not know the rightful recipients or their whereabouts, he must immediately report the find and any circumstances that may be relevant to determining the rightful recipients to the competent authority. If the item is not worth more than 10 euros, no report is required.
According to this law, the finder is obliged to report the finding of a lost item without delay. This report must be addressed to the loser, the owner or other authorised persons, provided that the finder knows their identity or whereabouts. If the finder does not know the authorised persons or their whereabouts, he is obliged to report the finding and all relevant circumstances that may help to identify the authorised persons to the competent authority without delay. It should be noted that the reporting requirement does not apply if the value of the item does not exceed 10 euros.
Fulfilling this reporting requirement ensures that lost property is returned fairly and lawfully to its rightful owners, and helps to prevent fraud and protect property rights to found items.
According to § 966 of the German Civil Code (BGB), the finder's duty of safekeeping is as follows:
(1) The finder is obliged to keep the found item.
(2) If it can be assumed that the item could perish or that storage would incur disproportionately high costs, the finder has the right to sell the item at public auction. However, the finder must notify the relevant authority before the auction. The proceeds from the auction take the place of the original item.
According to this law, the finder has a duty to store and keep the found item with due care. This ensures the protection and preservation of the found objects until the rightful owner is identified. However, if there is a risk that the object could spoil or the storage costs are disproportionately high, the finder can have the object publicly auctioned. However, before the auction, he must file a report with the relevant authority to inform the rightful owner of the upcoming auction. The proceeds of the auction then take the place of the original item and can be handed over to the rightful owner if they make a claim. This regulation is intended to ensure that the finder does not have to bear disproportionate costs for the safekeeping of the item and that the rightful owner has the opportunity to recover the item through the proceeds of the auction.
According to § 967 of the German Civil Code (BGB), the finder's obligation to surrender the property applies as follows:
The finder has the right and, upon the order of the competent authority, the obligation to surrender the found property or the proceeds from the auction to the competent authority.
This provision regulates the finder's obligation to hand over the found property or the auction proceeds to the competent authority. The finder cannot keep the found object or the proceeds for themselves, but is obliged to hand them over to the competent authority. In certain cases, the competent authority can also instruct the finder to hand them over.
The purpose of the obligation to hand them over is to enable the authority to keep the found object or the proceeds in safe custody and to take appropriate measures to identify the rightful owner. Delivery to the competent authority ensures that the item is properly stored and that the rightful owner has the opportunity to recover their lost property.
It is important that the finder follows the instructions of the competent authority regarding delivery in order to avoid possible legal consequences. The obligation to deliver helps to ensure that lost property is handled fairly and transparently and that the rightful owner can recover their lost property.
According to § 968 of the German Civil Code (BGB), the scope of the finder's liability is as follows:
The finder is only liable in the event of intent or gross negligence.
This provision stipulates that the finder is only liable in certain cases for any damage or loss that may arise in connection with the found item. The finder is only held responsible for their actions or omissions if they have acted with intent or gross negligence.
Intent means that the finder has deliberately carried out an action that has led to damage, or that they have consciously brought about the damage. Gross negligence means that the finder has violated the duty of care in a particularly serious and incomprehensible manner, which would be expected of a reasonable person in this situation.
If, on the other hand, the finder has only acted with slight negligence, they are not liable for any damage to or loss of the found item. Slight negligence is when the finder has not fully complied with the duty of care required in the respective case, but the failure is not particularly serious.
The limitation of liability to intent and gross negligence serves to protect the finder from excessive and disproportionate liability risks. It is intended to ensure that honest finders who fulfil their obligations to the best of their knowledge and belief are not disproportionately penalised if damage occurs despite their efforts.
However, it is important to emphasise that the finder must still conscientiously fulfil their obligations under the law, in particular the duty to report and the duty to surrender. The limitation of liability is not intended to provide an incentive for negligent or dishonest behaviour, but to ensure the fair treatment of finders acting in good faith.
According to § 969 of the German Civil Code (BGB), the finder is released from his obligation to surrender the found object to the loser, even with respect to other authorised recipients.
This means that when the finder returns the found object to the rightful loser, they have fulfilled their obligation as a finder. The loser thus regains their right to the object, and the finder is released from their responsibility to surrender the object to other persons who may also have a claim to it.
The term ‘other authorised recipients’ refers to other persons who may have a legitimate interest in the found item. These could be, for example, persons who are keeping the item for the loser or who have some other claim to the item that existed before the report of the find.
As a rule, the matter is legally concluded when the item is handed over to the loser. The finder does not have to take any further steps to hand over the item to other authorised recipients. It is then the responsibility of the loser to clarify with other authorised recipients if further claims exist.
However, it is important to note that according to Section 965 BGB, the finder is obliged to notify the loser or other authorised recipients of the found item without delay. This ensures that potential claims from other authorised persons can be clarified in good time before the item is handed over to the loser.
Overall, Section 969 of the German Civil Code is intended to ensure that the finder fulfils his obligations by properly handing over the item to the loser and that no further liability risks arise in relation to the found item. It thus contributes to the clear regulation of the rights and obligations of finders and losers.
According to § 970 of the German Civil Code (BGB), the finder has the right to demand compensation from the rightful claimant for the expenses incurred in connection with the safekeeping, maintenance or investigation of a rightful claimant for the found object.
This means that if the finder has incurred costs or expenses in order to properly store or maintain the found object or to determine the rightful owner or recipient, they can reclaim these expenses from the rightful owner. These must be expenses that can be considered necessary under the given circumstances.
Typical expenses could include, for example:
- Costs for the secure storage of the object in order to protect it from damage or theft.
Expenses for the repair or maintenance of the item to preserve its condition.
Expenses for searching for the rightful owner or authorised recipient, such as advertisements in local media or fees for reporting the find to the authorities.
It is important that the finder may consider the expenses to be necessary and reasonable under the circumstances of the individual case. However, unreasonably high or unnecessary expenses could not be claimed from the authorised recipient.
To claim compensation for expenses, the finder should document the expenses incurred and, if necessary, be able to present receipts or invoices to prove the expenses. It is recommended that the costs be documented transparently to avoid any disputes.
Overall, Section 970 of the German Civil Code is intended to ensure that the finder is not left with the costs of properly storing and maintaining the found item or of trying to identify the rightful owner. The right to reimbursement of expenses supports the role of the finder as an honest finder and enables him to be adequately compensated for his efforts and expenses.
According to § 971 of the German Civil Code (BGB), the finder of an object has the right to demand a finder's reward from the person entitled to receive it. The finder's reward is seen as a kind of reward for the honest behaviour of the finder and is intended to recognise his efforts and willingness to properly store the found object and to identify the rightful owner.
The amount of the reward depends on the value of the found object. The following scale applies:
- For an object with a value of up to 500 euros, the finder's reward is five percent (5%) of the value.
- For an added value that exceeds the amount of 500 euros, the finder's reward is three percent (3%) of the added value.
For found animals, the finder's reward is also three per cent (3%) of the value.
If the value of the found object is only of use to the rightful claimant and has no value to other persons, the finder's reward is determined at reasonable discretion. In this case, the value of the object and the personal circumstances of the finder and the rightful claimant are taken into account to determine an appropriate finder's reward.
However, it is important to note that the right to a finder's reward is excluded if the finder violates his duty of disclosure or conceals the find when asked. This means that the finder is obliged to report the find to the rightful owner or the relevant authorities without delay. If the finder does not fulfil this obligation or intentionally conceals the find, he loses the right to the finder's reward.
Overall, § 971 BGB is intended to ensure that the finder is appropriately rewarded for their efforts and honest behaviour. At the same time, the exclusion of the claim in the event of a breach of the duty of disclosure or concealment of the find ensures that the finder fulfils their legal obligation and duly reports the find.
According to § 972 of the German Civil Code (BGB), the finder has a right of retention to the found object as long as his claims under §§ 970 and 971 BGB have not been fulfilled. The right of retention allows the finder to provisionally retain the object in his possession until he has received his finder's reward or compensation for his expenses.
The provisions of Sections 1000 to 1002 of the German Civil Code (BGB), which apply to the owner's claims against the owner for use, apply accordingly to the finder's right of retention. This means that the finder has a right to retain the found item if he has incurred expenses for the safekeeping or maintenance of the item and these expenses are to be reimbursed to him in accordance with the statutory provisions.
Sections 1000 to 1002 of the German Civil Code (BGB) govern the reimbursement of expenses incurred by the owner who has made necessary use of the item, for example for repairs or maintenance. Accordingly, the finder who has made expenses for the purpose of safekeeping or maintaining the found item can demand reimbursement of these expenses from the rightful claimant.
The finder's right of retention thus serves as a means of ensuring that his claims for a finder's reward or reimbursement of expenses are adequately met before he is required to surrender the found object to the rightful owner or authorised recipient. As soon as the finder's corresponding claims have been met, he is obliged to surrender the object and can no longer assert the right of retention.
According to § 973 of the German Civil Code (BGB), the finder acquires ownership of the found object if certain conditions are met. After six months have passed since the find was reported to the relevant authority, the finder acquires ownership of the item, unless a rightful claimant has previously come to the finder's attention or has registered their right with the relevant authority. This regulation is intended to ensure that the finder can acquire ownership of the item after a reasonable period of time and after reporting the find, provided that the rightful owner does not come forward or assert their right.
However, there are exceptions to this rule. If the found object has a value of no more than 10 euros, the six-month period begins at the time of the actual find, regardless of a report. In such a case, the finder acquires ownership of the object after the six-month period has expired, provided that he has not concealed the find when asked.
The acquisition of ownership by the finder is not affected by the fact that the rightful owner or a person authorised to receive the object has registered it with the relevant authority. This means that the finder can acquire ownership of the object even if a person authorised to receive the object later asserts his or her right, provided that the six-month period has expired and the finder has not concealed the object when asked about it.
The finder's acquisition of ownership extinguishes all other rights to the property. This means that after the six-month period has expired and the finder has successfully acquired ownership, other persons who may previously have had rights to the property can no longer assert their claims against the finder. The finder thus becomes the rightful owner of the found property.
According to § 974 of the German Civil Code (BGB), there is a special regulation for the finder's acquisition of ownership if the beneficiaries became known to the finder before the expiry of the six-month period or registered their rights with the competent authority in good time and the found object is worth more than ten euros.
In such a case, the finder may request the rightful claimants, in accordance with § 1003 BGB, to make a declaration regarding the claims to which they are entitled under §§ 970 to 972. The finder has the right to learn from the rightful claimants whether they wish to assert claims to the found object.
If the rightful owners do not respond within the deadline set for the declaration or declare that they waive their claims, the finder acquires ownership of the item after the deadline has expired. At the same time, all other rights to the item expire. This means that after the deadline has expired without result, the finder is considered the owner of the item and other persons who may previously have had rights to the item can no longer assert their claims against the finder.
This regulation is intended to enable the finder to acquire ownership of the item after a reasonable period of time has elapsed and after a report of the find has been made if the rightful claimants do not assert their rights in time. It is also intended to prevent legal disputes over the found item from continuing for an unreasonable period of time and to provide the finder with legal certainty if the claims of the rightful claimants are not asserted in time.
According to § 975 of the German Civil Code (BGB), the finder's rights remain unaffected if he delivers the found object or the auction proceeds to the competent authority. This means that the finder continues to retain certain rights to the object even after delivery.
If the competent authority auctions the found object, the proceeds from the auction take the place of the object. This means that the proceeds are considered to be a new asset instead of the physical object. This happens in particular if the storage of the object would incur disproportionate costs or if there is a risk of the object being destroyed.
It is important to note that the competent authority may only hand over the object or the auction proceeds to a person entitled to receive them with the finder's consent. This means that the finder has a say in the process and must consent before the item is handed over to a potential rightful claimant.
This regulation is intended to ensure that the finder's rights are protected and that he is involved in the decision-making process when it comes to deciding what to do with the found item. It also aims to ensure that the finder is properly compensated if the item is sold at auction and that they have the opportunity to hand over the item to the rightful owner once they have been identified. This is to ensure legal certainty and avoid disputes about the whereabouts of the item.
According to § 976 of the German Civil Code (BGB), ownership of a found object can pass to the municipality of the place of discovery if certain conditions are met:
1. waiver of acquisition of ownership by the finder:
If the finder waives the right to acquire ownership of the found object vis-à-vis the competent authority, ownership passes to the municipality of the place where the object was found. By waiving ownership, the finder decides that they do not wish to claim ownership of the object.
2. Acquisition of ownership by the finder through prior surrender:
If, however, the finder has acquired ownership of the item, for example by surrendering the item to the competent authority or through the proceeds of an auction, ownership passes to the municipality of the place of discovery, unless the finder requests surrender of the item before the expiry of a certain period set by the competent authority.
This regulation is intended to ensure that the municipality of the place of discovery is the ‘last claimant’ to receive ownership of the item if neither the finder nor a beneficiary wishes to or is able to claim it. If the finder waives his or her right, this enables the municipality to take ownership of the item, which may be particularly relevant for finds of public interest or cultural value.
It should be noted that these provisions may vary depending on local laws and regulations, so it is advisable to consult local regulations in each specific case to understand the exact conditions for the acquisition of ownership by the municipality.
Pursuant to Section 977 of the German Civil Code (Bürgerliches Gesetzbuch – BGB), a claim for enrichment exists for anyone who suffers a loss of rights as a result of the provisions of Sections 973, 974 or 976. In these cases, the person can demand that the finder or, in cases of Section 976, the municipality of the place of discovery, surrender what has been acquired as a result of the change in rights.
This means that if a person loses ownership of a found object as a result of the application of the provisions in the aforementioned paragraphs, they can demand that the finder or the municipality that has taken ownership of the object return the enriched item. The return of the object is governed by the general provisions of the Civil Code regarding the return of unjust enrichment.
It should be noted that the right to surrender of possession becomes time-barred within three years of the transfer of ownership to the finder or the municipality, unless legal action is taken beforehand. This means that the person concerned must enforce their claim in court within this period in order to obtain the return of the item.
This regulation is intended to ensure that those who suffer a loss of rights as a result of the rules on finds receive appropriate compensation and can assert their legitimate claims in order to prevent unjust enrichment.
Section 978 Finding in a public authority or public transport
(1) If someone finds an object in the business premises or means of transport of a public authority or a public transport institution and takes possession of this object, he must hand it over to the authority or transport institution or to one of their employees without undue delay. In this case, the provisions of §§ 965 to 967 and 969 to 977 concerning the duty of disclosure, the duty of safekeeping, the duty of delivery, acquisition of ownership, finder's reward and claim for unjust enrichment shall not apply.
(2) If the found item has a value of at least 50 euros, the finder is entitled to a reward from the person entitled to receive it. The finder's reward is half of the amount that would arise if Section 971 (1) sentences 2, 3 were applied. The claim for a finder's reward is excluded if the finder is an employee of the authority or the transport company or has violated the obligation to surrender the item. The provisions of section 1001 concerning the possessor's claims against the owner for expenditure shall apply mutatis mutandis to the finder's reward claim. If there is a claim to a finder's reward, the public authority or transport company must notify the finder of the handover of the item to a person entitled to receive it.
(3) If the person entitled is entitled to the auction proceeds or found money in accordance with section 981 (1), the finder shall be entitled to a finder's reward in accordance with subsection (2), sentences 1 to 3, against that person. The claim for a finder's reward shall become extinct after the expiry of three years calculated from the time of the accrual of the claim against the person entitled referred to in sentence 1.
Section 979 Realisation; authorisation to issue ordinances (e.g. auction)
(1) The competent public authority or the transport authority may have the object delivered by a finder publicly auctioned. In this context, the public authorities and transport authorities of the Reich, the federal states and the municipalities may commission one of their officials to carry out the auction.
(1a) The auction may also be carried out as a generally accessible auction on the Internet in accordance with the following provisions.
(1b) The Federal Government is authorised to determine auction platforms for the area of lost property by statutory order without the consent of the Bundesrat. It may transfer this authority by statutory order to the supreme federal authorities with relevant technical competence. The Land governments are authorised to issue corresponding regulations for their area by statutory order; they may transfer this authority to the supreme Land authorities with relevant technical competence. The federal states may determine auction platforms that can be used across federal state borders. They may agree to the transfer of processing tasks to the competent body of another federal state.
(2) The proceeds from the auction shall take the place of the item and thus replace the value of the auctioned lost property.
§ 980 Public announcement of the find
(1) Auctioning of the lost property is only permissible after the possible rightful claimants have been invited by public announcement of the find to register their rights within a specified period. If the period has elapsed without registration, the auction may take place. However, it is not permissible if the rightful claimants register in good time.
(2) Public notification of the find is not required if it can be assumed that the lost property is perishable or that the storage of the property would incur disproportionately high costs. In such cases, the lost property may be auctioned or otherwise disposed of without prior public notification.
§ 981 Receipt of Auction Proceeds
(1) If three years have passed since the expiry of the period specified in the public announcement without an authorised recipient having registered his or her right to the lost property, the proceeds of the auction shall accrue to the Reich Treasury in the case of Reich authorities and Reich institutions, to the Treasury of the respective federal state in the case of state authorities and state institutions, to the respective municipality in the case of municipal authorities and municipal institutions, and to the respective private individual in the case of transport institutions operated by a private individual.
(2) If the auction took place without prior public notification of the find, the three-year period shall only begin after the persons entitled to receive the find have been invited by public notification to register their rights to the find. The same shall apply if found money has been handed in.
(3) The costs incurred in connection with the storage and auction of the found item shall be deducted from the amount to be surrendered before it is handed over to the Reich Treasury, the federal state treasury, the municipality or the private individual operating it.
Section 982 Implementation Regulations
The publication prescribed in sections 980, 981 shall be made in the case of Reich authorities and Reich institutions in accordance with the regulations issued by the Bundesrat. In other cases, publication shall be made in accordance with the regulations issued by the central authority of the respective federal state. These regulations determine how the public announcement of the find is to be carried out in order to invite the beneficiaries to register their rights. The exact modalities and deadlines of the announcement are laid down in these implementing provisions to ensure that the rights of the parties concerned are adequately protected.
§ 983 Unclaimed property with authorities
If a public authority is in possession of an item that it is obliged to surrender, but neither a contract nor other documents govern the obligation, and the authority does not know the name of the rightful recipient or their whereabouts, the provisions of §§ 979 to 982 shall apply accordingly. This means that the authority must apply the same rules that apply to lost property in order to protect the rights of the rightful recipients. If the item cannot be returned to the rightful owner or entitled recipient, the regulations regarding auction and acquisition of property by the finder or the municipality (§§ 979 to 982) can be applied to resolve the matter appropriately.
Section 984 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) governs the discovery of treasure. In this context, treasure refers to hidden objects that have been without an owner for a long period of time because their origin and original owner can no longer be determined. Such treasure can be discovered in archaeological finds, caves or old buildings, for example.
If someone discovers such a treasure and takes possession of it, the question of ownership of the find arises. Section 984 of the German Civil Code (BGB) stipulates that ownership of a treasure is half the discoverer's and half the owner of the thing in which the treasure was found.
This means that the finder of the treasure is entitled to half of the value of the treasure. This finder's share is a reward for the efforts and luck of the discoverer. At the same time, however, the ownership rights of the landowner or owner of the property on whose land or in whose possession the treasure was found are to be respected.
It is important to note that a treasure trove does not simply mean that the finder automatically acquires ownership of the entire trove. Instead, ownership is shared between the finder and the owner of the site where the trove was found.
When valuing the treasure trove, an expert is usually consulted to determine the value of the items discovered. The treasure trove is then divided between the finder and the owner.
This regulation serves to create a fair balance between the discoverer of the treasure and the owner of the property or the thing in which the treasure was hidden. On the one hand, the finder of the treasure should be rewarded, while on the other hand, the property rights of the owner of the property or thing should be preserved.
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