Article 105Restitution-How made
ELI5— what this means for you
Restitution-How made: the stolen or taken item itself must be returned whenever possible, even if it's now held by an innocent third party who bought it in good faith — though that buyer can then go after whoever sold it to them.
Official text — Act No. 3815
Restitution-How made.
-The restitution of the thing itself must be made whenever possible, with allowance for any deterioration or diminution of value as determined by the court.
The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person who may be liable to him.
This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery.
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