Laws Information

法規資訊
Title: Civil Code(PART Ⅲ Rights In Rem )
Am Date: 2012-06-13
Legislative History: Amendments to Article 805 and Article 805-1 of Civil Code Promulgated on June 13, 2012

Transaction

Amendment

Article 805
If the person who is entitled to receive the lost property identifies and claims it within six months from the date of the notification or the last day of advertisement, then the person who picks up the lost property, the person who advertise the owner of his claim to the property, the police or the local autonomous institution shall return the lost property after the person who is entitled to receive the property has reimbursed those who have incurred costs for notice, advertisement, or preserving the property.
When the person who is entitled to receive the lost property identifies and claims the lost property, the person who picks up the lost property is entitled to claim a reward not to exceed ten percent of the value of the property. If the lost property does not have monetary value, the person who picks up is still entitled to claim a moderate reward.
If it is apparently unfair for the person who is entitled to receive the lost property to deliver the reward as specified in the preceding paragraph, the person who is entitled to receive the lost property may request the court to order a decrease in the reward or release him from the obligation to provide such reward.
The claim for reward as specified in the second paragraph will be extinguished by prescription, if it is not exercised within six months.
The person who incurs the expense set forth in the first paragraph or the person that is entitled to a reward has a lien over the lost property until such expense or reward has been paid. If several persons have reimbursement rights or the claim for reward, the possessor of the lost property is presumed to possess for them all.

Article 805-1
No claim for reward provided in the second paragraph of the preceding article shall be made under any of the following situations:
(1) The lost property is picked up in a public facility or in a public transportation facility by its manager or employee.
(2) The person who picks up the lost property fails to notify of, report or submit the pickup within seven days, or conceals the fact of his pick-up of the lost property when being asked.
(3) The person who is entitled to receive the lost property is a member in the family in hardship, low income household or medium-low income household or accepts emergency relief or disaster relief in accordance with the law or under any other emergencies.