Stolen Leica M8 reappeared ....

That's a darn shame!

Sent from Tap-a-talk

MattKing said:

There are a lot of jurisdictions where legislation is in place that protects innocent purchasers who pay market value for items that end up being previously stolen.

There are a bunch of economic arguments for favouring this. Not least of which is that it is relatively easy to insure against theft.

Click to expand...

This also opens up another series of questions - If the insurance pays out for a stolen item which is subsequently identified and located, who is the legitimate owner ?

The original owner ?
The innocent purchaser ?
The insurance company ?

Original owner, I'd think with possibly needing to pay back a bit to the insurance company.
Then again Insurance is so thick with legislation and paperwork who knows!

Sent from Tap-a-talk

paul_c5x4 said:

This also opens up another series of questions - If the insurance pays out for a stolen item which is subsequently identified and located, who is the legitimate owner ?

The original owner ?
The innocent purchaser ?
The insurance company ?

Click to expand...

Always read the fine print on the insurance before you pay them money.

The innocent purchaser has no title, if she/he is wise she/he gets a receipt from police immediately, and loses any improvements...

But if it is international then it is difficult.

Anyway...

A chum buys a camera in ebay and it arrives all as described minty etc., so he sticks a film in it and shoots a frame from his front gate.

Then he notices that the finder is now 1:1 as his camera is in the hand of a kid on a bicycle disappearing into distance.

So the kid looks at the camera and tosses it into gutter.

Kids don't steal film cameras here but his camera was now a good user...

Chum does not live in a bad area.

Don't know what he did about insurance.

paul_c5x4 said:

This also opens up another series of questions - If the insurance pays out for a stolen item which is subsequently identified and located, who is the legitimate owner ?

The original owner ?
The innocent purchaser ?
The insurance company ?

Click to expand...

The insurance company

MattKing said:

There are a lot of jurisdictions where legislation is in place that protects innocent purchasers who pay market value for items that end up being previously stolen.

Click to expand...

In Germany even a bonafide buyer cannot acquire ownership on stolen goods. Though he should have entitlement on the seller for his damage.

The deal took place on german Ebay, thus german jurisdiction applies.
But... in case the buyer is located outside Germany things can become difficult. Especially if there legislation is in favour of the buyer...

To my understanding the shop has to identify the buyer, otherwise they are commiting veiling a theft.


This definitely is a case for legal action, best taken by a (german) lawyer.