Provided that they are in kind, goods deposited and movable property handed over to the debtor
either to be sold on the owner’s account or as a deposit, loan, money order or rental or on the
basis of any other contract subject to restitution, may be reclaimed.
Goods and movable property in kind sold with a clause subjecting the transfer of ownership to
the full payment of the price may also be reclaimed where the said clause is an agreement
between the parties in a written document and has been duly published in the Trade and Personal
Property Credit Register.
However, concerning goods and movable property deposited with the debtor to be sold with or
without an ownership reserve clause, there shall be no restitution where, before the return of the
goods and movable property, the price has been paid in full and immediately by the receiver
assisting or representing the debtor, as the case may be.
In the case of transfer of the goods and movable property, the price or part of the price payable
may be claimed against the sub-purchaser where the price has neither been paid in value nor
made up in a current account between the debtor and the sub-purchaser.
Official translation
Spot-checked
In force from 10 April 1998
Source page 37