Strict rules for sharing a treasure

The civil code attributes half of it to the owner of the premises and the other half to the "inventor", that is to say to the person who discovered it, recalled the Court of Cassation.

Following the discovery of gold bullion by workers from an earthmoving company, an agreement was signed which allocated more than half to the owner of the land and distributed the rest between the entire team of workers as well as between company executives.

Subsequently, one of the workers had challenged having given an informed agreement for this sharing because he was unaware of the legislation. He claimed the half reserved for the inventor.

A distribution different from that provided for by law is possible, replied the Court of Cassation, but insofar as it assumes that some renounce the amount granted to them by law, it must be proven that they were perfectly informed to consent to it. . Which was not the case this time.

Moreover, added the judges, it is not because the law speaks of "the one who discovered it" that the treasure cannot have been discovered by several people simultaneously, and they must then share the part of the inventor.

In this case, the agreement was cancelled, the owner was only entitled to half and the other half was divided between only two workers who were alone busy digging the hole when the discovery was made.

(Cass. Civil 1, 16.6.2021, K 19-21.567).