Säilymisvalta

Säilymisvalta is a Finnish term that translates roughly to "power of preservation" or "right of retention." It refers to a legal concept where an individual or entity has the right to keep possession of a movable property until a debt related to that property is paid. This right is not a formal security interest like a pledge or mortgage, but rather a possessory lien.

The core principle of säilymisvalta is that the possessor has a legitimate claim to the property due to an unpaid debt or obligation arising from the property itself or services rendered in connection with it. For example, a mechanic who has repaired a car may have säilymisvalta over the car until the repair bill is settled. Similarly, a warehouse owner might have this right over goods stored in their facility if the storage fees are unpaid.

To exercise säilymisvalta, the possessor must be in lawful possession of the property. The debt must also be due and payable, and it generally needs to have a direct connection to the property being retained. The right is extinguished once the debt is paid or if the possessor voluntarily relinquishes possession of the property. It is a self-help remedy, meaning the possessor can enforce it without court intervention, but they must act reasonably and cannot sell the property to recover the debt in the same way a secured creditor could. The underlying debt remains, and further legal action may be necessary to recover it.