Traditional Culture Encyclopedia - Hotel franchise - What is the difference between self-help behavior and lien behavior in civil law?
What is the difference between self-help behavior and lien behavior in civil law?
There is a difference. Implement self-help behavior when public relief cannot be obtained in time. For example, A stayed in a hotel without paying, so he left with his luggage. If he doesn't keep accounts, he won't get the hotel fee. At this time, the hotel manager can keep A and let him pay for the hotel, which is a self-help behavior. Self-help behavior also includes self-defense and emergency avoidance. Lien is a kind of security interest, and its constitutive requirements are 1. The creditor has legally possessed the debtor's movable property. 2. The movable property possessed by the creditor shall belong to the same legal relationship as the creditor's right, except for the lien between enterprises. 3. The debtor fails to perform due debts. There are two situations in which lien is not allowed: 1, legal provision 2, and the parties agree that lien is not allowed.
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