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Juan

Interestingly enough, a similar case was decided by a court in Cologne a few years ago (AG Köln, Urt. v. 10. 8. 2012 – 526 Ds 395/12, BeckRS 2012, 20013):
Some guys cut the locks off a bridge with a bolt cutter and sold them to a scrap metal merchant.
Result: They got convicted of criminal damage (§ 303 I StGB) and theft (§ 242 StGB).

It was argued by the court that the ownership had remained with the "morons" while the city (as the bridge's owner) obtained the custody over them (as they tolerate them knowingly).
An Abandonment of ownership as per § 959 BGB was denied since the locks were put there to remain there permenantly (eternal love and all) hence the owners were not indifferent to their fate.

So, if the city wishes to remove the locks, it surely can (one could even argue, that the bear toleration of the locks does not necessarily imply that the city does not wish for the locks to be removed: Surely a question that one would have to answer case by case).

Your plan should therefore be carried out with caution and - best - in agreement with the city!

jkmer

I especially like the idea that in a sense destroys the intention those morons had. The lock for them is a symbol of eternity or eternal love, and some guy with a bolt cutter comes and cracks it. haha

dubuc

Andrew, that's the best idea in the new millenium!

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