Retention rights
The right of retention is the right of a creditor not to deliver an asset in his possession to the debtor until the performance has been paid.
The AVC provides for a broader scope of the right of retention than the statutory regulation for transport agreements from Book 8 of the Civil Code. An important difference is that the right of retention based on the AVC can also be invoked for ‘old’ claims, while the right of retention from the Civil Code cannot be invoked if ‘old’ invoices were outstanding, relating to previous transports.
Legal assistance in the field of retention rights?
Transport law attorney Otto Lenselink is experienced in the field of road transport law and he will be happy to provide your transport company or forwarding company with advice or legal assistance. Therefore, please feel free to contact us without obligation.
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