§ Sec­tion 366 (3) HGB

(1) If a mer­chant sells or pled­ges a mova­ble pro­per­ty not belon­ging to him in the cour­se of his busi­ness, the pro­vi­si­ons of the Civil Code shall app­ly in favor of tho­se who deri­ve rights from a non-entit­led per­son even if the good faith of the acqui­rer con­cerns the aut­ho­ri­ty of the sel­ler or pled­gor to dis­po­se of the pro­per­ty on behalf of the owner.

(2) If the object is encum­be­red with the rights of a third par­ty, the pro­vi­si­ons of the Civil Code shall app­ly in favor of tho­se who deri­ve rights from a non-entit­led par­ty even if the good faith con­cerns the aut­ho­ri­ty of the sel­ler or pled­gor to dis­po­se of the object wit­hout reser­va­ti­on of the right.

(3) The sta­tu­to­ry pledge of rights of the com­mis­si­on agent, the car­ri­er or ship­per, the for­war­der and the warehouse kee­per shall be equi­va­lent to a pledge of rights acqui­red by con­tract in accordance with para­graph 1 with regard to the pro­tec­tion of good faith. Howe­ver, sen­tence 1 shall not app­ly to the sta­tu­to­ry pledge of rights to goods which are not the sub­ject of the con­tract from which the cla­im to be secu­red by the pledge ari­ses.