Right of retention

The right of retention allows a creditor who lawfully possesses another person’s movable property or securities to retain them as security for a due claim connected with the retained item or the legal relationship. In Swiss law it is not a general self-help remedy: possession must be lawful, the claim must meet the required connection and maturity, and retention must not be excluded by agreement or by the nature of the relationship. If payment is not made, enforcement may lead to realisation of the retained property.