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单词 right of retention
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right of retention
b. Law (originally and chiefly Scots Law). A right to keep possession of property due to be conveyed to another person until an obligation (esp. a debt) on the part of that person is discharged; a lien. Also more fully right of retention.
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society > law > legal right > right of possession or ownership > [noun] > right to retain property until debt paid
elegitc1523
lien1530
retention1551
hypothec1733
1551 Dundee Burgh Court Bks. II. f. 111v, in Dict. Older Sc. Tongue at Retention The said baillie gaif to hir..sesing thare of but ony retencioun pactioun de retro vendendo or reseruatioun except his said lyfrent allanerlie.
1692 Earl of Galloway's Family Papers 28 Apr. For ane quarters retention deduced & reteined by his lordship as the annuelrent..of 3000 merks..granted..to..Patrick Don.
1754 J. Erskine Princ. Law Scotl. II. iii. iv. 320 The right of retention, which bears a near resemblance to compensation, is chiefly competent, where the mutual debts, not being liquid, cannot be the ground of compensation.
1761 tr. Frederician Code I. iv. i. 175 Retention cannot be claimed under pretext of having made meliorations, the subject itself being sufficient security.
1838 W. Bell Dict. Law Scotl. 595 Before the introduction of the term lien into Scotch legal phraseology, the right to retain the property of a debtor was recognised under the name of the right of retention.
1855 G. Ross Leading Cases Law Eng. & Scotl. II. 652 That was a mere case of retention as between the original vendor and vendee, for an undisputed debt.
1927 W. M. Gloag & R. C. Henderson Introd. Law Scotl. 185 If the title of the creditor is in form absolute his security, unless limited by some express contract, involves a right of retention, which will cover any debt incurred in the future.
1999 V. Musin in A. von Ziegler et al. Transfer Ownership in Internat. Trade 318 It is fair to conclude that retention should be governed by the law applicable to the obligation in question.
extracted from retentionn.
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