Legal Definitions - jus retentionis

The legal term jus retentionis refers to a right that allows a person to keep possession of another's property until a specific debt or obligation, directly related to that property, has been satisfied. Essentially, it grants the holder the power to retain an item as security until they receive what they are legally owed for services or goods provided in connection with that item.

Here are a few examples to illustrate this concept:

• Car Repair Shop: Imagine a car owner takes their vehicle to a garage for a major engine repair. After the repairs are completed, the owner is unable or unwilling to pay the agreed-upon repair costs.

  In this scenario, the garage owner can exercise jus retentionis. They have the legal right to keep possession of the car, refusing to release it to the owner, until the full payment for the repairs has been made. The debt (repair cost) is directly related to the property (the car).

• Custom Furniture Maker: A client commissions a custom-built dining table from a furniture maker. The furniture maker completes the table as per the agreement, but the client fails to pay the final installment upon completion.

  Here, the furniture maker can invoke jus retentionis. They are entitled to retain possession of the finished dining table until the client pays the outstanding balance for the custom work. The payment owed is directly for the creation of that specific piece of furniture.

• Hotel Guest and Luggage: A hotel guest checks out but leaves without paying their outstanding bill for accommodation and services. They attempt to retrieve their luggage from the hotel's storage.

  The hotel may have a jus retentionis over the guest's luggage. They can legally hold onto the bags until the guest settles their unpaid hotel bill, as the debt is directly related to the services provided during the guest's stay, which included the storage of their belongings.