Bona fide purchaser and other persons
Will purchased from the hands of phone you have, depends on several factors. First of all, more chances for the so-called bona fide purchasers, t. e. those who when buying did not know and could not know that the seller had no right to sell the thing. Roughly speaking, if you aim to save their own funds went to the market and bought the phone used, then you bona fide purchaser. But the person who purchased the phone from drug addicts or unemployed citizen, falls into the category of purchasers unfair. As one who has found and appropriated lost thing. If you find someone else's phone, and conscience, and by law the right to return it to its owner. But the assignment of such findings can be compared to buying a stolen phone. St. 337 Civil code prescribes that the finder of the lost thing shall immediately notify the owner or the person who lost it, and return the found thing. If you find the phone in the room or car, it should be referred to a representative of the owner of the premises or vehicle. If the owner of the thing or the place of his stay is unknown, it is necessary to report the finding to the police or local authority.
But not all so sad - under certain circumstances, the person who found the mobile phone can become its owner. To do this, simply, is that within 6 months the owner has not claimed their rights or remained unknown.
When the phone is not refundable
What consequences may ensue for both fair and unfair purchaser? In accordance with the provisions of the civil code of Ukraine, the owner, and in fact, in another case, has the right to reclaim their property. However, if the new owner was a bona fide purchaser, it is not always necessary to return a purchase. The owner has the right to reclaim property from a bona fide purchaser, if it was lost by the owner or the person to whom he transferred the property into the possession was stolen; dropped out of the possession of the owner against his will in a different way. In all other cases, the bona fide purchaser may acquire the ownership of this property.
Such cases include, for example, the situation when the owner passes his phone under the terms of an agreement other persons (for example, leaves as collateral), and those, in turn, after some time selling it. According to lawyers, such circumstances clearly indicate the retirement of property from the possession of the owner according to his will. Because the obligation to bear the risk of buyer's choice or custodian of the property rests with the owner. This means that the property cannot be claimed by the owner to the person who bought it, i.e. if there was a reimbursable transaction. Cannot be demanded property from a bona fide purchaser, if it was sold in the manner prescribed for the execution of court decisions.
But if the property was obtained free of charge from a person that had no right to alienate, the owner has the right to demand it from a bona fide purchaser. So it is best not to buy the phone from his hands, and Yes even from strangers, because if you buy a stolen phone, you not only will not be refunded, but will have to communicate with the police. When buying always compare IMEI number (unique serial number sewn in each apparatus of the GSM standard) that is specified in the warranty card. Its presence, at least, suggests that the phone fell on the counter not in someone else's pocket.
Many people who buy stolen phones with hands, believe that they are bona fide purchasers, what to take away from them this phone can neither the previous owner nor the police. This misconception. Stolen phone that you purchased with it, continues to be stolen, and the lack of documentation is sufficient reason to condemn the current owner, regardless of his explanation. Everyone is responsible for their actions, and, buying a phone with hands for a small price, you may find that you will be accused of theft. No evidence that it did not you, you will not. In the simplest case, you will simply lose the money paid for such apparatus. In fact, a bona fide purchaser is the only one who can show a receipt or the box from the machine, otherwise the police will assume that the phone is stolen.
A clear advantage of the status of bona fide purchaser is that there is a chance to make the seller refund the cost of the phone that you have demanded in favour of the rightful owner. However, to prove how really you was sold the phone, in practice it is very difficult. In any case, if you buy the phone on the radio market, be sure to record the passport or other document of seller. This is useful if you have problems with the police.
Where to go and what to do?
Not less of a hassle and expects someone who has a mobile phone was stolen. Experts recommend to carry out a number of activities to maximize the chances to recover stolen mobile happiness.
First of all, you need to contact the police. It is better to write a statement in the office of the area where it was committed burglary, and not at the place of your residence. This is due to the fact that there is a kind of principle of territorial division in the investigation of crime: police are investigating crimes on the territory of their region. The statement, inter alia, it is desirable to specify the number of the SIM card and IMEI. After it was compiled and submitted an application, check its registration number and after a few days begin to touch in the Department and interested in how the investigation. It is useful to personally meet with the investigator. If possible, can along with police officers to make a RAID on the radio market or other points of sale of stolen phones. This will save time, for example, if you identify your favorite gadget. Also should be as detailed as possible to describe a person who, in your opinion, could commit theft or somehow involved in it.
Practice shows that the percentage of missing phones are not so high - much depends on the diligence of those who are leading the investigation. Because the police for a few years already formed a search of stolen mobile.
**Nota bene**
The basic rules of "mobile security"
The first step is the immediately after purchase
So the first thing you need to do is to burn a house on a piece of paper IMEI number of your new phone. It can be found on the box or typing on the numeric keypad *#06#. Writing in Notepad this room, you will know which phone you have. Indeed, in the case of its loss came to the police, you will learn that MIA needed IMEI - this unique number will help in the search of the device.
Lock screen and phone is exhibited by many people. For example, on Android smartphones popular pattern - you draw the pattern, and the device opens the menu. Of course, this is an obvious measure of protection from those who want to get into your phone or in case of its loss - your contacts or SMS will be protected. But you also do not give opportunities to those who found the device accidentally, to return it to you, because you can find contacts of the owner of the locked device is very difficult - it is necessary to call the operator and call number of the SIM card, what many don't know.
What can you do? The answer is obvious: if the device has a removable battery cover, put into or adhere the sticker with the second telephone number at which to contact you. And promise a reward for the return of the device (usually $30). You are not a bad phone, but with such a label, the chances that you will find, increase many times.
The second step is spend 20 minutes on additional remedies
Let's see, how else can you protect yourself and your phone. Depending on the model and operating system, you can install programs that remotely block the phone, write a message or in stealth mode tell you where it is and what SIM card installed in it. On a normal phone quantity and quality of such programs depends on the manufacturer. For example, on Samsung devices standard option became Mobile Tracker, which can be configured to send SMS to a specified number when the SIM card is replaced. Unfortunately, the coordinates of the phone in this case is unknown. For smartphones, the number of such programs significantly more (Theft Alert, SimWatcher, OmaiProtec), and their functionality above. For example, the Guardian sends data to the specified number, and also locks the device and requires a password. It is not deleted, even if completely format the phone memory! So the chances of finding the phone is not so small as you think.
Step three - what to do if the device is gone
The most important thing is not to panic. Try to calmly figure out where he could go your phone that could happen. Begin to act according to your considerations about the incident. Before you go to the police, you must do a number of simple and clear procedures.
1. Lock SIM card. If you have money in the account or credit settlement system, and the phone is not responding/off, lock the map. To do this, simply call customer service operator.
2. To collect a maximum of data using software installed on the phone. Even without a SIM card, but with the included Wi-Fi many programs track the device's location, and you write all the data it receives.
3. To change the passwords for all services (mail, twitter/facebook and so on) that were installed on your phone.
Then, depending on how the detectives busy, they will search your device with the help of operators. On appeal from the police operators are able to specify where the phone what kind of SIM card it uses, etc.
Egor Zheltukhin
According to the materials: the Judicial-legal newspaper
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