detentor

Detentor is a legal term used in civil-law jurisdictions to describe a person who has possession or custody of a thing or document, without necessarily owning it. The concept appears across various areas of law and is often contrasted with ownership and with direct possession.

In property law, detentor refers to someone who holds the object due to custody or detentação rather than by ownership. This status is typically temporary and non-exclusive, and the detentor’s rights are limited to possession or protection of the object as allowed by the law or by agreement. This contrasts with the proprietário (owner), who retains ownership, and with a possessor or possessor who exercises direct use and control over the thing.

In the law of titles and negotiable instruments, detentor can denote the holder of a document that creates a right, such as a check or a bill of exchange. The detentor is the person in possession of the instrument and who may be entitled to enforce the right it represents, subject to the instrument’s terms and applicable transfer rules. For bearer instruments, the detentor often corresponds to the bearer (portador). Transfer of the instrument by endorsement or delivery can alter who holds the right to payment, while the detentor’s status depends on the instrument’s type and governing law.

Practical significance of the concept lies in determining who may exercise rights, who bears obligations for safekeeping, and who has legal remedies in cases of loss, damage, or dispute over custody. See also: posse, propriedade, detenção, portador, título de crédito.