VIII. — 6:102 Recovery of goods after transfer based on invalid or avoided contract or other juridical act

Where goods are or have been transferred based on a contract or other juridical act which is invalid or avoided, the transferor may exercise the right of recovery under paragraph (1) of the preceding Article in order to recover physical control of the goods.

Where the obligation of the transferee to restore the goods to the transferor, after a transfer based on an invalid or avoided contract or other juridical act, is one of two reciprocal obligations which have to be performed simultaneously, the transferee may, in accordance with III. — 3:401 (Right to withhold performance of reciprocal obligation), withhold performance of the obligation to restore the goods until the transferor has tendered performance of, or has performed, the transferor's reciprocal obligation.

The preceding paragraphs also apply where the transfer was based on a contract or other juridical act subject to a resolutive condition in the sense of VIII. — 2:203 (Transfer subject to condition) paragraph (1) and this condition is fulfilled.