Short answer. Yes. Article 1971 of the Civil Code allows you to bring an action for recovery directly against a third-party buyer who acquired the deposited property in bad faith. A buyer who knew the seller had no right to sell cannot claim the protection that an innocent purchaser would enjoy.
What the law says
if a third person who acquired the thing acted in bad faith, the depositor may bring an action against him for its recovery
Civil Code, Article 1971 — Deposit With an Incapacitated Depositary. Read the full provision →
The general rule and its limits
When you deposit property with someone who lacks legal capacity — a minor or another person the law considers incapacitated — your remedies against that depositary are restricted. Article 1971 limits you to recovering the item while the depositary still has it, or to claiming the amount by which the depositary enriched or benefited himself from its sale. You generally cannot compel a full indemnification from an incapacitated person the way you could from a legally capable one. This protection for the incapacitated party is deliberate. But the law does not extend that same protection to third parties who act in bad faith.
Bad faith opens the door to a direct claim
The article ends with an important exception: if a third person who acquired the thing acted in bad faith, the depositor may bring an action against him for its recovery. Bad faith means the buyer knew, at the time of the sale, that the item was not the seller's to sell. If the buyer was told it was someone else's property, if the circumstances made it obvious, or if the buyer had actual knowledge of the deposit arrangement — that buyer is in bad faith. The law's reasoning is that such a buyer deserves no protection. Knowledge of another's right extinguishes the buyer's claim to be an innocent purchaser.
What you need to establish
Winning the action against the buyer requires proving two things. First, that you are the true owner of the property and that it was deposited — not sold or transferred — to the incapacitated person. Second, that the buyer knew the seller had no authority to sell. The second element is the harder one. Bad faith is not lightly presumed; you must show the buyer actually had knowledge of your right, not merely that the buyer should have been more careful. Evidence of prior dealings, written notices, communications acknowledging the deposit, or circumstances that made the improper sale obvious all contribute to establishing bad faith.
Good faith compared to bad faith
A buyer who had no idea the property belonged to someone else — who paid a fair price and had no reason to suspect wrongdoing — is a good-faith purchaser. The law protects that buyer, and your claim in that case would be limited to what you can extract from the incapacitated depositary. But a buyer who was told about the deposit, or who participated knowingly in the improper transfer, cannot hide behind good faith. Knowledge of another's right extinguishes any claim to innocent-purchaser status.
Gathering evidence now
If you believe the buyer acted in bad faith, act quickly. Gather documents related to the deposit: receipts, acknowledgments, messages showing the item was yours. Look for evidence the buyer was aware of your ownership — messages, witnesses, or circumstances that made the improper sale obvious. The strength of your case against the buyer turns almost entirely on the evidence of what the buyer knew and when. Legal advice can help you assess whether that evidence is sufficient to support the action Article 1971 permits.