回複：看不懂這案例，不是有條法律叫finders， keepers 嗎？

"Finders are keepers" is a common law rule dealing with lost property. Lawmakers in both England and the US have long realized there was too much a loophole in the rule and created many legal fictions to fix it.

For example, if you found a wallet on the street, with a driver's license and a $100 bill, and decided to keep the money and wallet. Can you claim ownership? Probably not. Not only you cannot claim ownership but you probably committed a common law larceny the moment you decided to take it, because the ownership could be identified through the driver's license.

In this case, the painting was claimed stolen. Whether true or not, that put the ownership of the painiting in dispute. If the painiting was truly stolen, then the original thief did not acquire title. When Varney found it in the dump, the title was still with the true owner. Unless Varney could prove the painting was not stolen, then his claim of ownership is in question.

所有跟帖： 

• 多謝高人指教。錢包的例子大家都知道不可以留下。蘇富比在拍賣前問過BLAKE的後人，也和警察聯係，有沒有遺失 -deerrocks- ♀ (629 bytes) () 07/06/2011 postreply 11:12:16

• 如果你是V的律師，你會怎麽做？ -deerrocks- ♀ (0 bytes) () 07/06/2011 postreply 14:31:12

• 回複：如果你是V的律師，你會怎麽做？ -apt- ♂ (271 bytes) () 07/07/2011 postreply 10:03:39

• M doesn't have to prove their ownership? they could have -deerrocks- ♀ (161 bytes) () 07/07/2011 postreply 13:02:38

• 回複：M doesn't have to prove their ownership? they could have -apt- ♂ (198 bytes) () 07/07/2011 postreply 16:16:18

• the information is on google only because the BBC established th -deerrocks- ♀ (1170 bytes) () 07/08/2011 postreply 06:46:18

• 回複：the information is on google only because the BBC established -apt- ♂ (192 bytes) () 07/08/2011 postreply 11:14:09

• Sotheby's didn't exercise the policy when it auctioned off one o -deerrocks- ♀ (101 bytes) () 07/08/2011 postreply 11:26:17

• Vernay的律師應該要求MURRAY拿出相應的遺囑或保險證明 -deerrocks- ♀ (0 bytes) () 07/08/2011 postreply 07:55:59

• 學習了. -香香生煎饅頭- ♀ (0 bytes) () 07/07/2011 postreply 06:00:18