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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Criminal Law

A stolen painting is traced to a third person who acquired it lawfully. The prosecution establishes that no rule governing the manner of acquisition bars the owner’s recovery. The possessor argues that lawful acquisition alone defeats restitution and leaves only an action against the thief. Which is correct under Article 105?

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The thing must generally be restored; the possessor retains an action against the proper person liable to him The owner must accept the thief’s installment offer instead The painting must be destroyed to avoid competing claims Lawful acquisition always makes the painting irrecoverable

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