(1) A merchant has a right of retention, on account of due claims to which the merchant is entitled against another merchant arising from transactions concluded between them that are commercial transactions for both parties, with regard to movable things and securities of the debtor which, in keeping with the debtor's intention, have come into the merchant’s possession by reason of commercial transactions, provided that the merchant still has possession of them, particularly where the merchant has the power to dispose over them by means of bills of lading, consignment bills, or warehouse warrants. The right of retention is given also in those cases in which ownership of the item has devolved from the debtor to the creditor or has been transferred by a third party on behalf of the debtor to the creditor, but is to be transferred back to the debtor.
(2) The right of retention exists in relation to a third party to the extent that objections against the debtor’s claim to return of the object can be raised against such third party.
(3) The right of retention is excluded if retention of the object conflicts with the instructions given by the debtor before or upon delivery thereof, or with the obligation assumed by the creditor to deal with the object in a certain manner.
(4) The debtor may avert the exercise of the right of retention by providing security. The provision of security by sureties is excluded.