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Simple English definitions for legal terms
jus retinendi et insistendi
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A quick definition of jus retinendi et insistendi:
Term: jus retinendi et insistendi
Definition: Jus retinendi et insistendi is a legal term used in Scots law that refers to a seaman's right to recover wages. This right allows the seaman to take a lien against the ship and proceed against the owner for payment. In simpler terms, it means that a seaman has the right to keep hold of the ship until they are paid their wages.
A more thorough explanation:
jus retinendi et insistendi
In Scots law, jus retinendi et insistendi refers to a right of retention and insisting. This means that a person has the right to keep something until they receive what they are owed and to insist on receiving payment.
A seaman has the right of jus retinendi et insistendi. This means that if they are not paid their wages, they can keep the ship until they receive payment and can also take legal action against the owner for payment.
Another example is if you lend money to a friend and they do not pay you back. You have the right of jus retinendi et insistendi, which means you can keep something of theirs until they pay you back and can also take legal action to get your money back.
These examples illustrate how jus retinendi et insistendi gives a person the right to hold onto something until they receive what they are owed and to insist on receiving payment.