Legal Definitions - detentio

Detentio refers to the physical custody or control over an item, where the person holding the item does not necessarily intend to own it or claim full legal possession. It signifies a factual, rather than a legal, relationship with the object, often on behalf of another or for a temporary purpose.

Here are some examples to illustrate this concept:

• Imagine a valet parking attendant who takes your car keys and parks your vehicle. The attendant has physical control and custody of your car for a period. This situation exemplifies detentio because the attendant physically holds and controls the car, but they do not own it, nor do they intend to claim ownership. Their control is temporary and exercised on your behalf, solely for the purpose of parking and retrieving the vehicle.

• Consider a dry cleaner who receives a customer's suit for cleaning. While the suit is in the dry cleaner's possession, they have physical control over it. This is an instance of detentio; the dry cleaner holds the suit, manages its care, and keeps it safe, but they do not own the suit. Their control is for the specific service of cleaning and is temporary, with the expectation that the suit will be returned to its rightful owner.

• Think about a museum curator who handles and displays artifacts belonging to the museum. The curator has direct physical control over these valuable items—moving them, arranging them, and ensuring their preservation. This demonstrates detentio because, while the curator exercises careful custody and control over the artifacts, they do not personally own them. Their physical relationship with the objects is in their professional capacity, on behalf of the museum, and without any personal claim of ownership.