Prawnorzeczowy aspekt dumpster divingu - uwagi na przykładzie prawa polskiego i niemieckiego

Abstrakt

The article discusses the phenomenon of dumpster diving in the context of the problems that arise in connection with the unclear ownership status of things (especially food waste) found in dumpsters. In particular, the adequacy of the application of the legal construction of abandonment in this case is assessed. The findings are deepened, where necessary, by related criminal law considerations, as well as by comparative remarks on German law. The article concludes that in the case of food waste, intention to abandon is not always easy to determine. And, more generally, there is a tendency in the interpretation of the owner's intention to favor solutions involving the derivative acquisition of property and to avoid uncertainty as to who owns a particular thing.