Retention

Scottish Law: Retention in the Past

The right which the possessor of a movable has, of holding the same until he must be satisfied for his claim either against such movable or the owner of it; a lien.

Developments

The right of retention is of two kinds, namely, special or general. 1. Special retention is the right of withholding or keeping property (see more about this popular legal topic in the U.K. encyclopedia) of goods which are in one’s possession under a contract (see more about this popular legal topic in the U.K. encyclopedia), till indemnified for the labor or money expended on them. 2. General retention is the right to withhold or detain the property (see more about this popular legal topic in the U.K. encyclopedia) of another, about any debt which happens to be due by the proprietor to the person who has the custody; or for a general balance of accounts arising on a particular train of employment. 2 Bell’s Com. 90, 91, 5th ed. Vide Lien. [1][rtbs name=”scottish-law”]

Resources

Notes and References

1. Partialy, this information about retention is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including retention.

See Also