The lien is a mechanism of protection based on the retention of possession of the retainer. We can define acordée as possible to a creditor who has the thing his debtor to refuse to return to default of payment of its entire debt.
The legislature has extended in 2006 by legally enshrining in Article 2286 of the Civil Code.
conditions: it requires the existence of an unpaid debt, the creditor may have a legitimate thing and finally the establishment of a nexus between the claim and the thing, which may be legal, material or conventional.
effects /: The retainer has the right not to return the thing but it has a duty to keep the thing and has no claim on the value of the thing, he has no authority to seek production of the property, whether its forced sale or assignment of its judicial or conventional property. Similarly
the creditor has no right of resale right in the thing, its must be lost upon voluntary divestiture.
The lien is perfected erga omnes whether the other creditors generally, or the third party owner Property in particular.
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