By Raphaël MORENON
17 July 2025
The right of retention is a formidable prerogative, often perceived as an instrument of self-defence available to a creditor. This apparently simple mechanism enables a person who legitimately holds property belonging to his debtor to refuse to return it until his claim has been paid in full. It is a powerful means of exerting economic pressure, capable of breaking the deadlock in difficult payment situations without having to initiate legal proceedings. As part of the arsenal of security interests, it shares their practical effectiveness, but its exact legal nature remains debated. For a long time, the classification of the right of retention has been the subject of controversy. Is it a genuine security, a real right conferring priority on the creditor, or simply a personal right to put pressure on the debtor? Jurisprudence has sometimes described this right as 'real', emphasising that it is enforceable against everyone, including third-party purchasers. However, it is...
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