The acquisition of ownership of a thing is also possible if the seller is not the owner of the thing. The requirements are basically regulated in §§ 932 ff. Special regulations apply to the acquisition from the merchant. If an acquisition by an unauthorized merchant is in question, this is possible under easier conditions. We explain to what extent the purchaser of an item, who has acquired it from the unauthorized merchant, is protected.

1st bona fide acquisition

1.1 Civil law requirements

The acquisition of ownership of movable property takes place in accordance with § 929 sentence 1 BGB in principle by agreement and handover of the thing (or handover surrogate with regard to the thing (§§ 929 sentence 2, 930, 931 BGB)). However, an important prerequisite is that the owner of the thing or disposes of it is. Mere economic property is not enough for this. In principle, this also makes sense, since first of all foreign things may not be available.

However, there are cases in which the acquirer is worthy of protection, so that he must also be able to acquire from the unauthorized person – the one who is not the owner. This is possible under the conditions of §§ 932-936, 1207 BGB. These norms therefore overcome the lack of ownership or power of disposal of the owner as disposer. In all cases, however, the acquirer must assume in good faith that the seller is the owner of the property.

1.2. Commercial law extension for acquisition from merchant

In commercial law, § 366 HGB extends the possibility of bona fide acquisition. Accordingly, the acquisition from the unauthorized merchant is also possible if the acquirer does not believe in the property, but in the disposition of the seller. This is an important extension to the bona fide acquisition according to §§ 932 ff. BGB. § 366 (1) HGB concerns the acquisition of the property or a legally appointed lien in a movable property.

In addition, the bona fide acquirer is protected if the seller is an unauthorized merchant: