DELIMITATIONS AND INTERFERENCES BETWEEN THE EXERCISE OF THE LIEN AND SOME OFFENCES AGAINST THE PATRIMONY
DELIMITATIONS AND INTERFERENCES BETWEEN THE EXERCISE OF THE LIEN AND SOME OFFENCES AGAINST THE PATRIMONY

Summary/Abstract: The hereby paper proposes to underline the circumstance that the detention of another’s asset by one’s creditor may entitle that person to refuse the restitution, with guarantee purposes only if the the claim right meets some characteristics. Contrary, a such conduct becomes part in the objective side of a trust abuse. Therefore, within the contents of this article, we aim to underline the types of debts which can be guaranteed by a right which awards the creditor with the prerogative of a restitution refuse, as the lien. On the other side, we aim to show that the trust abuse is not the only offence which can be committed in relation with the detention as a factual situation which is a premises for the exercise of a lien, by specifying the possibility of some incriminating regulations incidence for sanctioning the illicit detention in its posture as an impediment for the lien apparition.

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