What is the main obligation of a possessor of a stolen object under UNIDROIT 95?

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The main obligation of a possessor of a stolen object under UNIDROIT 95 is to return the object and may receive fair compensation. This principle emphasizes the importance of restitution in cases of theft, recognizing the rights of the original owner while also providing some protection for the good faith possessor.

Under this framework, when an object is stolen, the rightful owner has the primary claim to its return, and the possessor—provided they were not complicit in the theft—may be entitled to compensation for expenses incurred while possessing the item or any improvements made to it. This provision encourages the return of stolen goods while balancing the interests of both the original owner and the good faith possessor.

The other options do not align with the intention of UNIDROIT 95. For instance, requiring the return of the object with no compensation disregards the rights of the possessor who may have legitimate invested interests. Similarly, demanding payment to the original owner without the return of the object does not reflect the primary obligation which is to restore ownership. Reporting the theft to authorities, while a responsible action, does not encapsulate the primary obligation regarding the possession of stolen objects as articulated in this legal framework.

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