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Sunday, October 16, 2011

Hidden Treasure

Here's a post I think you will find interesting; it's about hidden treasure. Art. 438 to 439 of the Civil Code govern the division of hidden treasure.

Hidden treasure is any unknown deposit of money, jewelry or other precious objects. The owner of the treasure should be unknown. So if you find a stash of hidden jewelry in the garden of a friend's house, it isn't yours even if your friend doesn't know about it. Hidden treasure, under Art. 438, belongs to the person who owns the land where the treasure is found. If, however it was found by someone else, the following rules shall apply:

1.) If the treasure is found by another person by pure chance, ½ of the treasure belongs to him and ½ goes to the landowner.
2.) If the person who found the treasure was given permission to find it, it's still divided 50-50.
3.) If it was found on government property, the 50-50 rule still applies. The other half goes to the government.
4.) If the finder is a stranger or a lessee/usufructuary, he isn't entitled to a share.
5.) If The person who found the treasure is an employee of the landowner, 50-50 once again. But if he was actually paid to look for the treasure, all he gets is his salary.

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