Säilytysoikeuksia

Säilytysoikeuksia refers to the rights of a creditor to retain possession of a debtor's movable property as security for a debt. This concept is rooted in civil law traditions and aims to provide a tangible form of collateral for the creditor. Unlike a pledge (panttioikeus), which typically involves transferring possession of the property to the creditor, säilytysoikeuksia allows the debtor to retain possession and use of the property.

The creation of säilytysoikeuksia usually requires an agreement between the debtor and creditor, and often the property must be clearly identified and marked as encumbered. The specific requirements can vary depending on the jurisdiction and the type of property involved. For instance, the property might need to be stored in a designated location or have a specific label attached.

This type of security right is particularly useful when the collateral is essential for the debtor's business operations, such as machinery or inventory. By allowing the debtor to keep possession, the business can continue to function while still providing some assurance to the creditor.

If the debtor defaults on the debt, the creditor holding säilytysoikeuksia generally has the right to take possession of the property and sell it to satisfy the debt. The proceeds from the sale are applied to the outstanding debt, and any surplus is returned to the debtor. The priority of säilytysoikeuksia in relation to other security interests or claims against the debtor's property is typically determined by legal provisions, often prioritizing earlier established rights. This legal mechanism offers a balance between the creditor's need for security and the debtor's ability to utilize their assets.