(1) If the obligor has a claim that is due against the obligee under the same legal relationship as that on which the obligation is based, then unless the obligation leads to a different conclusion, the obligor may refuse the performance they owe until the performance owed to them is rendered (right of retention).
(2) A person who is obliged to surrender an object has the same right, if they are entitled to a claim that is due on account of outlays for the object or on account of damage caused to them by the object, unless they obtained the object by means of an intentionally committed tort.
(3) The obligee may avert the exercise of the right of retention by providing security. The provision of security by sureties is excluded.