How is the new guy not a bona fide third party purchaser for value?
He presumably didn't know it was stolen and paid market value after all.
Stolen Property - Who owns it
- Thread starter matto_
- Start date
How is the new guy not a bona fide third party purchaser for value?
He presumably didn't know it was stolen and paid market value after all.
He would have good title over all others except those with better title - the original owner.
But there is no "title" with that sort of personal property. So the best "title", or proprietary right is physical possession from what I can tell.
I would have said the new guy gets it and the former owner has to claim against the person that stole it from him.
Wow! All this has been explained but you refuse to believe the FACTS.
Wow! All this has been explained but you refuse to believe the FACTS.
What do you mean?
Title exists - but it may not be in a registrable form. Possessory title is one form. But if I snatch a bag from you and take possession doesn't mean it is my bag as that would be stealing. 'Title' would still rest with the 'owner'.
There is a lot of case law on this sort of thing, but nothing I have looked into as it doesn't come up often.
what about the rule "Inventorem custos Victus flentium" ?
(finders keepers losers weepers)
My Latin must be a rusty, i thought that meant "those who invent custard have phlegm"?
Finders would keep until the loser came around.
so if it has been reclaimed- if now the rightful owner has it back then that's great. No need to feel guilty at all!
Funny how people think they can modify the law to suit themselves.
Took my Mac in for an upgrade y'day and the Mac shop had a notice prominently displayed that they accept no responsibility for loss or damage to 'puters in their care. They specifically mentioned loss by fire. When asked if he thought if this disclaimer would absolve him of responsibility, he assured me that it would and that his insurance co had limited coverage of them.
I wanted a job done, not an argument, so I let it slip but he is in for a shock if disaster ever strikes.
Took my Mac in for an upgrade y'day and the Mac shop had a notice prominently displayed that they accept no responsibility for loss or damage to 'puters in their care. They specifically mentioned loss by fire. When asked if he thought if this disclaimer would absolve him of responsibility, he assured me that it would and that his insurance co had limited coverage of them.
I wanted a job done, not an argument, so I let it slip but he is in for a shock if disaster ever strikes.
