Jus retentionis is a legal concept that grants the right to retain something until receiving something else that is rightfully owed. For instance, if you lend your bike to someone, you have the authority to hold onto their phone until they return your bike.
Jus retentionis is a legal term commonly used in civil law to describe the right to retain possession of something until a debt or obligation is satisfied. This right can be exercised in various situations, such as when a landlord holds onto a tenant’s security deposit until all outstanding rent and damages are paid, or when a mechanic retains a customer’s car until all repairs and services have been fully paid for. In both examples, the concept of jus retentionis is evident, as one party is entitled to keep possession of something until the other party fulfils their obligation. The landlord can retain the security deposit until the tenant fulfils their duty to pay rent and damages, while the mechanic can retain the car until the customer fulfils their duty to pay for repairs and services.
Jus Retentionis, also known as the right of retention, is a legal concept that allows a person to retain possession of someone else’s property until a debt or obligation owed to them is satisfied.
You can exercise Jus Retentionis when you have a valid claim against the owner of the property, such as an unpaid debt or an obligation that has not been fulfilled.
Jus Retentionis can be applied to various types of property, including movable assets like vehicles or furniture, as well as immovable assets like real estate.
While a written agreement can provide clarity and evidence of the debt or obligation, it is not always necessary to have one. Jus Retentionis can be exercised based on a verbal agreement or even implied from the circumstances.
No, Jus Retentionis can only be used in specific situations where there is a valid claim against the owner of the property. It cannot be used as a general remedy for any dispute.
The duration of Jus Retentionis can vary depending on the jurisdiction and the nature of the debt or obligation. It is important to consult with a legal professional to understand the specific time limits applicable in your situation.
Yes, the owner of the property can challenge Jus Retentionis by disputing the validity of the debt or obligation. They may also seek legal remedies to regain possession of their property.
In general, Jus Retentionis can only be exercised against the debtor who owes the debt or obligation. It cannot be used against a third party who is not directly involved in the dispute.
If the debt or obligation is not satisfied within the specified time or as agreed upon, the person exercising Jus Retentionis may have the right to sell the property to recover the amount owed.
Yes, Jus Retentionis can be waived or released by the person who is entitled to exercise it. This can be done through a written agreement or by voluntarily returning the property to the owner.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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