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Book 2 · Law of obligations  ›  Title 1 · Duty to render performance › Section 274

Effects of the right of retention

(1) In comparison to a legal action brought by the obligee, the assertion of the right of retention only has the effect that the obligor is to be ordered by the court to render performance in return for receiving the performance owed to them (fulfilment in return for, and concurrently with, performance).

(2) On the basis of such a court order, the obligee may pursue their claim by way of compulsory enforcement, without effecting the performance they owe, if the obligor is in default of acceptance.

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