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Whether the debtor's goods can be retained before the debt is due for performance

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Whether the debtor's goods can be retained before the debt is due for performance


        

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  • 2024-06-02 10:00:51

    If the debtor fails to pay its due debts, the creditor may retain the debtor's movable property that has been lawfully in possession, and has the right to receive priority payments from the movable property. It can be seen that the creditor cannot retain the debtor's goods until the debt has reached the performance period, and the lien can only be exercised against the matured debt.

    [Legal Basis]

    Article 447 of the Civil Code states that if the debtor fails to pay its due debts, the creditor may retain the debtor's movable property that has been lawfully possessed, and has the right to have priority in the payment of such movable property.

    The creditor mentioned in the preceding paragraph is the lien holder, and the movable property in his possession is the property under lien.

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    2024-06-02 10:00:51

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