By Raphaël MORENON
21 July 2025
Retention of title is a legal mechanism that is as discreet as it is effective, enabling sellers to secure payment of their receivables. By suspending the transfer of ownership until the price has been received in full, it constitutes a formidable guarantee, particularly in the event of default by the buyer. Our firm, whose practice is dedicated to the law of sureties and guarantees, notes that the scope and conditions of this clause are often misunderstood. This article provides a comprehensive overview of the clause, from its legal nature to its implementation and effects during insolvency proceedings. Each aspect covered here is dealt with in more detail in dedicated articles, which can be accessed via the links provided. Introduction to retention of title: definition and legal nature Definition and guarantee function The retention of title clause is defined by article 2367 of the French Civil Code as a stipulation that...
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