retentieeisen
Retentieeisen is a Dutch term referring to the conditions under which a creditor may invoke the retentierecht, a legal right to detain someone else’s movable property in order to secure payment for goods or services provided. The retentierecht arises from possession: a creditor who has in its possession goods belonging to or otherwise subject to the debtor’s property may hold onto those goods until the outstanding claim is settled.
- Connection between claim and held property: the retained goods must be related to the claim (for
- Possession: the creditor must have lawful possession of the debtor’s movable property.
- Valid claim: the debt or payment obligation must exist and be due or enforceable, or the creditor
- Proportionality and scope: the right is limited to securing the amount of the claim and must be
- Release or security: the debtor can avoid retention by paying the debt or by providing adequate
- Disputes: if the claim is disputed, retention may be restricted or require judicial intervention to determine
- Enforcement: if payment is not forthcoming, the creditor may seek legal remedies, and in some cases
Relation to other security rights
Retentieeisen is distinct from other security interests such as pledges or mortgages. It is a possessory
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