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§ 320. Definition of right of retention
- (1)
- If a claim is not sufficiently secured by a real right and the due date for its performance has arrived, the creditor has the right to retain movables and securities of the debtor which have legally come into possession of the creditor until the claim is satisfied if the claim is collectable and connected to the retained object.
- (2)
- The creditor may also retain the object if the retained object which the creditor took possession of in good faith does not belong to the debtor and a third person does not have a right to it arising from previous possession.
§ 321. Connection of claim to retained object
A claim is connected to a retained object if:
- 1)
- the claim of the possessor is subject to satisfaction out of the retained object; or
- 2)
- the debtor must pay the expenses made on the object by the possessor; or
- 3)
- the claim of the possessor arises from the same transaction on the basis of which the debtor demands delivery of the object; or
- 4)
- the owner of the object must compensate the possessor for damage arising in connection with the retained object; or
- 5)
- possession of the object and the claim arise from legal relations between the possessor and the debtor.
§ 322. Disallowance of retention
Retention is not permitted if:
- 1)
- the objects are not monetarily appraisable; or
- 2)
- public order is violated thereby; or
- 3)
- it does not correspond to the obligations assumed by the creditor; or
- 4)
- it was agreed otherwise before delivery of the object to the creditor.
§ 323. Safe-keeping of retained object and satisfaction of claim
- (1)
- A retainer is required to keep a retained object as a pledgee keeps an object of a possessory pledge.
- (2)
- If a court recognises the claim of a retainer, the retainer has the right to satisfy the claim out of the income receivable from the sale of the retained object, pursuant to the provisions concerning possessory pledge or pledge of securities.
§ 324. Retention of domestic animal
- (1)
- The possessor of an immovable may retain a domestic animal of another which is caught causing damage on the immovable. The retainer shall immediately notify the owner of the animal or the police of the retention.
- (2)
- The retainer is required to deliver the animal if the retainer is compensated for damage caused by the animal.
- (3)
- An animal which has departed from the immovable shall not be retained.
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