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.

Key elements

- Connection between claim and held property: the retained goods must be related to the claim (for example, materials supplied or work performed on the item or its value).

- 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 must be able to demand security for payment.

- Proportionality and scope: the right is limited to securing the amount of the claim and must be exercised in a manner that is proportional and appropriate to the situation.

Conditions and remedies

- Release or security: the debtor can avoid retention by paying the debt or by providing adequate security or assurance of payment.

- Disputes: if the claim is disputed, retention may be restricted or require judicial intervention to determine the validity and scope.

- Enforcement: if payment is not forthcoming, the creditor may seek legal remedies, and in some cases may be allowed to sell the retained goods under applicable rules, subject to safeguards against abuse.

Relation to other security rights

Retentieeisen is distinct from other security interests such as pledges or mortgages. It is a possessory right that depends on ongoing possession of the debtor’s property and is typically limited to circumstances where the creditor’s claim is connected to the specific item in possession.

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