Moveable assets given to the debtor on a precarious basis or those transferred to a trust of which the debtor retains the use or enjoyment in his capacity as settlor may be claimed, provided that they are in kind.
Goods sold with a retention of title clause may also be claimed if they are in kind at the time the proceedings are opened. This clause must have been agreed between the parties in writing at the latest at the time of delivery. It may be in a writing governing a set of commercial transactions agreed between the parties.
Claims in kind may be exercised under the same conditions in respect of movable property incorporated into another property where the separation of such property can be effected without it suffering damage. Reclamation in kind may also be exercised over fungible property where property of the same kind and quality is in the hands of the debtor or any person holding it on his behalf.
In all cases, there are no grounds for revendication if, by decision of the juge-commissaire, the price is paid immediately. The juge-commissaire may also, with the consent of the claimant creditor, grant a settlement period. Payment of the price is then treated in the same way as payment of the claims mentioned in I of Article L. 622-17.