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Theoretical and practical considerations regarding the right of retention

Author

Listed:
  • Maria Magdalena Barsan

    (Faculty of Law, Transilvania University of Brasov, Romania)

  • Maria Magdalena Cardis

    (Faculty of Law, Transilvania University of Brasov, Romania)

Abstract

The right of retention has in the current legislation his own regulation, which finds its sources in jurisprudence and doctrine. The necessity of regulating this right comes from its practical utility, its efficiency as a legal mechanism being also taken into consideration. The present article follows general aspects and exceptions concerning the right of retention, aspects intending to draw the outlines of the meaning of the right of retention. Furthermore, the domain of enforcement of the right of retention has been taken into consideration, starting from specific legal disposition, which are derogatory from the ordinary law.

Suggested Citation

  • Maria Magdalena Barsan & Maria Magdalena Cardis, 2017. "Theoretical and practical considerations regarding the right of retention," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(1), pages 79-90, June.
    • Handle: RePEc:asr:journl:v:7:y:2017:i:1:p:79-90
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    More about this item

    Keywords

    right of retention; guarantee; exception; abusive exercise.;
    All these keywords.

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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