Finder's reward
As a reward is called a reward that someone is entitled, of a lost cause has been found and the owner returns.
Legal situation in Germany
According to German law ( Section 971 of the German Civil Code ), anyone who takes a lost item ( Section 965 ) and surrenders it to the loser or owner , provided that he has fulfilled his legal obligations as a finder , can demand a finder's fee. The finder's reward is based on the value of the thing found:
- up to 500 € : 5% of the value,
- over 500 € : 25 € (5% of 500 €) plus 3% of the value exceeding 500 €.
If the thing is of value only to the loser, the finder's reward is to be fixed at an equitable discretion .
If animals are found , the finder's fee is set at 3%.
There is no finder's fee for finds in public transport and authorities up to a value of € 50, beyond that only half of the normal finder's fee ( Section 978 BGB).
Anyone who keeps found third-party items may be liable for misappropriation . The entitlement to finder's reward then expires.
Legal situation in Austria
In Austria, the finder's fee distinguishes between lost and forgotten items (e.g. in a cloakroom).
The finder's fee for lost items is:
- up to 2000 € : 10% of the value of the thing,
- over 2000 € : 200 € (10% of 2000 €) plus 5% of the value over 2000 €.
For forgotten things the finder's fee is half as high, i.e. H.:
- up to 2000 € : 5% of the value of the thing,
- over 2000 € : 100 € (5% of 2000 €) plus 2.5% of the value over 2000 €.
In the case of invaluable items and items whose recovery is of considerable importance or costs for the person who lost them, although they themselves have no commercial value (e.g. keys, ID cards), the finder's reward is to be determined at an equitable discretion; In doing so, the effort incurred by the finder and the advantage given to the loss bearer through the recovery of the found thing must be taken into account.
Legal situation in Switzerland
According to Art. 722, Paragraph 2 of the Civil Code, the finder of an item (including an animal) is entitled to [...] an appropriate finder's fee, provided that he returns the item to the person entitled. What is appropriate, however, is neither regulated by law, nor are there any court decisions. As a rule 10% of the value valid, and also a mere lover value negligible. However, this percentage decreases as the value of the lost property increases. However, if the finder had more time to save, he can also ask for more. In addition, the finder can demand that he be reimbursed for all expenses that he had in connection with the find. Many municipalities offer a finder-friendly service by asking the owner to pay the finder's fee when the owner gets in touch.
An important exception to the above basic rule is the so-called institution fund ( Art. 720 Paragraph 3 and Art. 722 Paragraph 3 ZGB ), because “the house does not lose anything”. Anyone who finds something in an occupied private house or in a public building must hand it over to the respective owner (landlord, tenant, supervisor) and is not entitled to a finder's fee.
proof
- ↑ § 388 ABGB
- ↑ § 393 ABGB
- ↑ Section 393 (1) ABGB
- ↑ Section 393 (2) ABGB
- ↑ See Observer and Steiger Legal .
