"Collecting gold is not ambiguous, and righteousness and benefit are at the same time. Lost items are small and must be returned with caution. "Recently, a couple picked up a necklace worth 140,000 yuan and discarded it, and was ordered by the court to compensate the owner50,000 yuan, once again aroused social attention to the topic of gold obligation.
Facts of the case: The custom necklace was lost, and the couple picked it up and threw it away.
In October 2022, Jia accidentally sold a value of 14A custom necklace of 20,000 yuan was lost. was later picked up by Lin and his wife, and the two said, "I thought it was **, so I put it in my pocket and took it away." After Jia reported the case, he asked for it to be returned, but Lin said that the necklace had been thrown away on the lawn of the community and could not be returned.
The court decided: 450,000 yuan.
In 2023, the Shanghai Minhang Court held that Lin and his wife failed to fulfill their obligation to properly keep the necklace and were liable for the loss. Because the necklace is a customized product, considering depreciation and other factors, Lin and his wife were sentenced to compensate Jia 450,000 yuan. The court of second instance rejected the appeal and upheld the original judgment.
Responsibility analysis: The obligation to collect gold is far more than "what you find is your own".
Many people think that what they find is their own, and they don't have to keep or return it at all. However, according to the Civil Code, the person who finds the lost property has the obligation to keep it, notify the right holder or hand it over to the relevant authorities. Otherwise, civil and even criminal liability will be incurred.
Thinking that it is worthless" and "being a garbage disposal" are to blame. Sanitation workers and others handling other people's belongings are even more difficult tasks, and they must be cautious.
Expert Comments: 90% of gold collectors will keep their items and return them.
Zhang Xiaoqiang, an associate professor at the School of Civil, Commercial and Economic Law at China University of Political Science and Law: "Surveys show that more than 90% of gold finders will keep lost items and actively seek out the owners to return them. ”
Tip: Don't take anything you find lost.
What should we do when we pick up an item that might belong to someone else?
1. Submit it to the shopping mall or police station as soon as possible and notify the possible right holder.
2. If it cannot be handed over in time, it should be properly kept and the evidence should be retained.
3 No matter how big or small, no matter how big or small, should not be discarded lightly or appropriated.
As long as we are sincere and responsible, the appearance of lost property will not become our "10,000 yuan disaster".
Welcome to **like, let us jointly promote the obligation to collect gold!