Commercial disputes & debt collection

Right of lien, retention & other securities

The right of lien, retention, and other securities are important legal mechanisms to protect the interests of creditor sand ensure payment for services rendered. The right of lien can be granted on certain goods, allowing the creditor to exercise a privilige on these goods in case of insolvency of the debtor.

Retention is another key concept in transport and logistics, which allows a creditor, under certain conditions, to withhold delivery or release of goods until outstanding payments are settled. If a debtor fails to fulfill his financial obligations, the creditor can legally refuse to release the goods. Retention acts as a form of leverage, encouraging timely payment and protecting the creditor from potential losses.

In addition to the right of lien and retention, there are other securities available that can be established contractually orcan result from applicable regulations.

Understanding and implementing these mechanismsrequires a comprehensive knowledge of applicable laws, contractual agreements and industry-specific practices. It is essential for transport and logistics companies to establish clear terms and conditions, including provisions for the right of lien, retention, and other securities, in order to protect their financial interests and ensure a fair and transparent business environment.

Experts

Christian Hofman
Partner
Netherlands
Andrzej Plutynski
Partner
Poland
Mathias Dendievel
Partner
Belgium
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