ABSTRACT
This chapter analyses the theoretical basis of the identification requirement from a civil law point of view, regularly using civil law terminology. The identity problem is not unique to English law: many continental legal systems know a similar identification requirement within their law of property. In order to protect buyers ex bulk they are under certain conditions given a proprietary interest in the form of co-ownership of the bulk. For a buyer to become a co-owner it is first of all necessary that the goods form part of a bulk which is identified either in the contract of sale or by subsequent agreement between the seller and the buyer. The buyer's share in the bulk is determined differently from the method normally used in cases of co-ownership. The buyer's co-ownership or, if appropriation has already taken place, his right of ownership then falls back to the seller because the contract, which formed the basis for the transfer of ownership, lapses.
