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Book 4 · Commercial transactions  ›  Division 1 · General provisions › Section 372

Section 372

(1) With regard to satisfaction out of the object retained, the debtor will continue to be considered the owner, to the benefit of the creditor, if the debtor was the owner of the object at the time the creditor acquired possession thereof, unless the creditor knows that the debtor is no longer the owner.

(2) Where a third party acquires ownership after the creditor had acquired possession from the debtor, the third party will be obliged to recognise a final and binding judgment as binding upon them that has been handed down in litigation pursued between the creditor and the debtor over the permission to seek satisfaction, unless the creditor knew at the time of the litigation’s pendency that the debtor no longer was the owner.

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