Bona waviata refers to goods that are discarded by a thief during their escape, usually out of fear of being caught. This term originates from the principle that these goods are considered abandoned and may revert to the Crown as a penalty for the owner's failure to recover them. Essentially, if someone does not pursue the thief to reclaim their property, the goods may be forfeited to the state.
This term is primarily used in criminal law, particularly in discussions surrounding theft and property crimes. It highlights the responsibilities of property owners in recovering stolen items. Users may find relevant legal forms or templates for reporting theft or pursuing recovery of stolen goods through platforms like US Legal Forms.
Here are a couple of examples of abatement:
(Hypothetical example) If a person steals a bike and, while fleeing, decides to discard it in a nearby alley to avoid being caught, that bike would be considered bona waviata. If the original owner does not report the theft or attempt to recover the bike, it may be forfeited to the state.
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Has specific laws about the recovery of stolen property and penalties for failure to pursue. |
| New York | Allows for civil recovery of stolen goods under certain conditions. |
| Texas | Includes provisions for the return of abandoned property to the state. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Bona waviata | Goods abandoned by a thief during flight. | Focuses on the abandonment of stolen goods. |
| Stolen property | Property taken unlawfully from its owner. | Does not imply abandonment; still considered stolen. |
| Abandoned property | Property that the owner has relinquished control over. | Does not necessarily involve theft or a thief's actions. |
If you believe you have been a victim of theft and the goods may be considered bona waviata, take the following steps:
US Legal Forms offers templates that may assist you in managing the legal aspects of your case.
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| Attribute | Details |
|---|---|
| Legal Area | Criminal Law |
| Potential Penalties | Loss of property rights |
| Recovery Process | Report theft, pursue legal action |
They may revert to the state if the owner fails to recover them.